Veil and Chastity
The issue of veil "covering" being one of selfevident truths of Islamic jurisprudence, having multifarious and extensive arenas. Before broaching it, I find it necessary to give a bright image of the matter on hand, and the terms used in these subjects of discussion.
The words that are used in this field being: Covering, veil "hijaab", sitr, chastity, limits of relations between woman and man. It is possible that what is intended by these words being keeping off and detaining the woman inside the house, or observing some of regulations in regard of social associations.
The issue that I intend to manifest and expound by this article being the meaning antithetical to unrestrain, sexual liberalism which is called by the Quran tabarruj "displaying the charms".
In other words, we are in search of an answer to this question: Can femininity and masculinity of women and men be displayed on scene of society? Or is this quality confined inside the realm of family, and the woman and man should appear in arena of society and act as two human beings? AlOstaz Mutahhari is quoted to have said:
"In fact concerning the issue of covering and according to term used recently Hijaab, we don't intend to talk about whether is it good for the woman to appear within society with a covering or naked? The essence of speech is that: can the woman and man's enjoyments "seeking content by marriage" be free of charge? Has the man any right to enjoy himself as much as he can of any woman, other than fornication or not? So the core of matter, being confining all the successes to the sphere of family and legal spouses, or setting free the successes and extending them to environment of society." 153
On this basis, my intention, in this article is neither to prove the seclusion of woman nor talking about a special issue. i.e. covering of the woman as Sitr, but what I intend is a more distant subject within the framework of which many Islamic legislated rules can be propounded through a harmonious thought structure, like obligation of Hijaab "cover", prohibition of gazing at a foreigner, and abominations such as adultery and homosexuality and alike.
The following pages are determined to give answers to questions such as:
1. What is intended by Islam from veil and covering?
2. What criteria Islam depended upon in regard of limits of relations between women and men?
3. What is philosophy of covering?
4. Have various religious precepts like necessity of covering, prohibition of gazing at women, and forbiddance of "committing" abominations and alike, been enacted for the sake of diminishing any contact or touching between women and men or is there any other purpose behind them?
5. What thing can withstand the sexual liberalism, unrestrainment "tahallul" and displaying "woman's" charms? Beside other questions.
Also it should be known that in the recent century many writings in forms of books and articles, in Persian and Arabic, 154 have been composed analysing and investigating into so many of
153. Mas'alah Hijaab, pp. 82-83.
154. Masaadir An-Nizam Al-Islami, Al-Mar'ah Wal-Usrah, by Abd Al-JAbbar Ar-Rifa'i, pp. 149-150 & pp. 178- 185 & pp. 284 - 288.
dimensions of this subject, among which valuable researches can be seen. Despite all these, still many centres of investigation and searching in this field are found everywhere, and investigation file is still open.
Making researches and studies in connection to veil "hijaab", can pursue different objectives each needing a particular method:
1. The purpose and motive of investigation may be rational manifestation of fiqhi beliefs and judgements, in a way that it can be propounded in secular societies.
2. Sometimes the target of investigation may be to solve the mental problems of the issue of veil inside religious communities, in a way that all mental and theoretical unrestrained obstacles should be lifted from this way.
3. Also it is possible that the aim of investigation be mere Fiqhi fathoming and studying profoundly, to the extent that can only be proper for "teaching in" the Islamic theological centres.
4. Further it is possible that the goal be guiding the society toward the required "ideal" covering... and others.
It is explicit that every goal has its own method and tendency to follow, so it is infeasible to cover and discuss all of them in one book.
In fact, other than the practical leniency witnessed in case of covering, and production of desire and hope of human beings, some ideological questions and ambiguities inside religious societies, with viewpoints and visions of secular societies, and a number of Fiqhi opinions and verdicts on carelessness and unrestrainment, can be influential in the matter of covering.
Hence reason and reflection necessitate from us to choose proper ways for confronting practical leniency, desire and inclination, like advice and counsel, and making impunible and allowable amusements and exercise to replace exciting and seductive manifestations. And also in opposite to mental obstacles we should resort to scientific searches and circulation of their thought fruits.
In this chapter, I am going to select and elaborate some subjects from among those related to veil "hijaab" as follows:
1. Chastity and philosophy of covering.
2. General conditions for mantle of women.
4. Intermingling "between men and women".
Chastity & Philosophy of Covering
Life of man is liable to develop and mature on two dimensions: material and moral. And acquiring knowledge and sciences, with fostering ethical and human traits all lie within the realm of spiritual perfections. Likewise, enjoying welfare, body health and training body organs come within the first division.
Man is one truth whose life has two extents. For this reason, perfection and deficiency are two inseparable elements. Body health is a requisite for soul health, which is in turn essential for good health of body. This point is becoming clearer than before, so bodily diseases are being cured through psychotherapy and spiritual treatment.
Realm of spiritual and material life, whatever it be, pertains to how human beings view existence, man and universe. Any diversity in these views has its impact on restraint and ease of human life. The evidence for this lies in the divergence and difference between objectives and way of living of human beings who lived before the modern scientific developments and those who lived after them.
Despite all this, we should not look at things in a way that by changing the views everything would change, with no common point is left whatsoever. But rather, as is said frankly before, these changes affect restraint and expansion of life, not creating two different and even antithetical lives.
Hence, despite that remarkable difference between human beings of present time and those of the past in regard of foundations and consequences, but their common points are not little in number, the fact leading to make the way for conversation, mutual understanding and consideration, open all the time.
In all these views selfknowledge and worldknowledge being something valuable, and spread of justice and service to other people is a recommendable act. All people venerate national champions and social reformers, regarding those killed on the way of national objectives as martyrs.
All these indicate that throughout all epochs, same general beliefs prevail among people, although some difference can be seen in their applicability and samples. These points constitute part of things called in Divine religions fitrah "nature", and so much emphasis upon them is made in Islam.
Chastity and bashfulness also being among these characteristics: Covering the front "private" parts was the usual habit of man, as the cavedwellers used to cover themselves "veil the private parts" with tree leaves and animal skins, and so also the present worlddwellers.
It is out of scope here to refer to form, measure and way of emergence of this trait, but the original point in this regard being that this habit was always observed as a human virtue. Besides, coyness and chastity, being not confined in a certain period of history, though certain times and epochs can be specified for special certain mantles "costumes". And chastity is the spirit of the covering and mantle being its skeleton. Chastity is philosophy of the covering and covering is its guarantor "insurer".
Konfosios, the Chinese philosopher of the sixth century B.C., has said:
"One who can be considered man of culture is that who is honest in his conduct and behaviour with chastity in heart, and that who is delegated to other foreign countries as an ambassador, would never bring about means of shame to his king." 155
Barroukh Espinozah says:
"Even if we have no knowledge of eternity of our souls, still we would have given priority and importance to absteniousness and religion with all things I indicated in chapter four, that are relevant to magnanimity and dignity. 156
Even the adherents of Yang Choo, the famous Chinese atheist materialist philosopher, who lived in the epoch from fifth till third century B.C. and whose school in historical and philosophical literature is known with pleasureseeking, said in his regard:
"The fact which should be kept in memory is that Yang Choo, though asking for sensual pleasures, but he withstood against extravagance and debauchery which are viewed by him and his school as desolater of man's nature." 157
Gandi once addressed the women saying: "Woman's true ornamentation being her character and her purity. The real ornamentation can never be in stones and metals. Rather it lies in purity of heart and soul beautifying, not in loading the body with stones and metals." 158
In all Divine religions so much emphasis and recommendation is made on chastity and modesty. The holy Quran has many times pointed out the women to this fact.
In treatise of Polis in Al'Ahd AlJadeed, after recommending the men with supplication and fervent prayer, the following statement is recorded:
"They "men" also used to embellish their wives with clothes adorned with bashfulness and abstinence, not with ringlets,
155. Mukaalamaat Konfosions, p. 208.
156. Akhlaaq, p. 303.
157. Akhlaaq Dar Cheen Wa Hind Bastan, p. 54.
158. Al-Mahatma Gandhi, p 146.
gold, pearls or expensive clothes. Rather they should invite their women who claiming religiosity, to good deeds." 159
In first Treatise of Butros it is reported:
"The women are recommended not to attach any importance to external decorations for showing beauty, like dying the hair, using ornamentation materials and wearing costly clothes, but to inward adornments which never perish and having great value near God." 160
The translator of the book Taareekh Libas, which is dedicated for studying all the world clothes and costumes throughout five hundred years, says:
"Appearance of clothes was never something by coincidence or according to individual demand. But they emerged on basis of regional material and intellectual thoughts and demands of peoples, becoming a mirror fully indicating history of life of mankind." 161
Some experts made studies on relics and remains, historic inscriptions and prominent statues, concluding from them that coldness and heat never constituted the original cause of selecting the clothes but its cause was shyness and covering the privy parts. 162
In the book Taareekh Libas, whose author was an American researcher studied history of clothes till the year 1950, and which being a textbook taught in colleges, we find statement about all peoples and nations, manifesting in full details their clothes and costumes.
The topics of this book, which contained pictures of clothes, were taken according to its writer's claim, from coins, images,
159. Al-'Ahd Jaded, p. 336.
160. Al-Kitaab Al-Muqaddas, Baab 3, p. 353.
161. Tareekh Libass, p. 5.
162. Journal of Payam Zan, issue no. 19, p. 69.
wall carpets, paintings and decorations left from old generations. 163
In the holy scripture "Bible" it is stated that during the lifetime of "Prophet" Solomon"A", the women used to wear veil on their faces beside the covering of the body. 164The same habit was commonly followed during the time of Prophet Abraham"A" too. It is reported that when fiancee of Ishaq "Rifqah" saw him for the first time, she put a veil "mask" on her face.165
Further, during various periods like Medes, Achamenian, Ashkaani, and Sassanid eras, the Iranian women used to wear certain covering "mantle".
During the Medes epoch, the women used to wear twopiece garment, 166 which was made of a piece of carpet belonged to the Achamenian epoch, in which the women used to wear a capelike cloth on their heads, in a way similar to chaadur "large veil worn by women". 167
During the Ashkaani era, the women used to put on as a covering a long garment open in front "qabah" reaching to the kneels, with a cape thrown on the head and a mask "niqaab" which was usually brought to the back part of the head. 168
While during Sassanid rule the women were sometimes wearing a loose Chaadur, with a fencelike on the head, reaching to middle of the leg. The paintings representing the Sassanid women, designed on silver plates, show every and each woman wearing a Chaadur wrapped on her body. 169
163. Tareekh Libas, p. 11.
164. Al-Kitaab Al-Muqaddas, Baab 5, p. 1003.
165. ibid., Baab 24.
166. Zan Bi-Zan Tareekh, p. 71.
167. ibid., p. 115.
167. ibid., p. 141.
168. ibid., 198.
All these quotations and historic reports confirm the view that shyness and modesty being among the causes of covering, and that the motive behind wearing mantle by man being not protection against coldness and heat or ornamentation and ostentation. Nevertheless, these motives can never be negated in regard of manner and kind of clothes.
The other point that can be obtained out of these quotations being that observing modesty and chastity between women and men differed proportionately to creation of every one of them. And women always used to wear more clothes than men. So if coldness and heat be the only stimulant, these differences would never be liable to analysis. Even beautyseeking merely for showing off can never respond to them. The transition that came in sight through the past fifty years, especially in industrial countries, in regard of clothes had a special cause.
Some researchers have analysed this phenomenon in this way:
"With the beginning of the world war II, the war that shocked the structure of civilisation, the development of costumes took a revolutionary shape. Thenceforth clothes, which reflect the economical capability, political standpoint, cultural and social abilities, religious beliefs and official and traditional obligations, have been put under influence and domination of capitalist regime. In this system, clothes found another position, transforming to a merchandise that having a binary value. In other words, clothes could meet the human needs, with turning to an article for sale. Then they should, like any other article, give the maximum profits, and when they attain to this goal, time would not be convenient for them; As the articles should be capable of consumption for a long time, so as they can have the most extensive bazzar, that is the largest number of consumers and purchasers. 170
If the world nowadays has some kind of freedom and liberation in clothes, but no one has liberalised immodesty and unchastity,
170. Treekh Libas, p. 6.
then regional and world regulations emphasising on prevention of indecent acts and offences continue to be valid and in force. 171 And still the statistics show that men be averse, in nature, to unchastity. 172
The purpose intended of all this being to show that modesty is a human quality that can be proposed for mankind, regardless of any cultural or religious tendency. Although in some cultures and schools the ground for approving and manifesting it being easier.
Humans, in their nature and instinct, and according to structure of their existence, have inclination to this habit. And this quality, like all other qualities and values, has capability to development and growth, meaning that all people possess its inward grounding, though it cannot reach actuality with one degree in all people. It is like truthfulness or honesty which is instinctively sought by man, and capable of development and extension as a positive quality and human value, but all people can never be at one level of truthfulness and honesty. Hence, man's practical violation to these qualities and recession on stages of life, can never do harm to perfection of these virtues, or derogate their instinctiveness. Rather many violators make confession to their deviation in behaviour, depriving themselves of this maturity.
This subject can be expounded through other words and expression. Man has several instincts that should, whether desired or detested, knowingly or unknowingly, be satiated, as they are like engine of life that all the time needs revision and reinforcement. Because these instincts are tantamount to engine and power for living, so it is improper to say about them to be bad manifestations in life of man.
171. Refer to: Jaygaah Zan Dar Qanoon (position of woman in law), p. 311; Jara'im Al-Adab Al-'Ammah, by Mohammed Ahmed Abideen, and Mohammed Hammah Qamhawi, pp. 269-299.
172. Refer to: cultural development in an industrialised advanced community, by Ronald ingolhart, translated by Maryam Water, pp. 200-240.
These instincts being so necessary for organism of our life, as through them we can discern the right and the unright. On this basis, the probability saying that the human instincts, which are origin of all life activities, being an obstacle on the way of humanity of man and so they should be taken away, would not be a logical matter. That which is indicated by exigency of logic and Divine wisdom, being that these instincts should be controlled and overpowered by human character and resolution. And if these instincts be exploited without control or restraint, the human soul will take the mien of a commanding soul "to evil" that would not know a reality other than desire and passing fancy. While when being controlled and restrained by man's strong will, these very instincts would acquire a human sublime aspect and help man in strengthening an ideal life.
In other words, the sexual instinct is as necessary as life itself. But if these vital instincts be set at liberty, the human character would be definitely brought to naught, or rather man would not be there so as to say: Does he have personality or not?
The conclusion we get is that shyness and chastity, as a human quality, being the foundation for relations between woman and man in view of the Islamic culture. And the issues of clothes and their attachments come in the course of safeguarding and developing this virtue. Then forbidding "women" from displaying charms and intercoursing with men was made in accordance to this philosophy.
The holy Quran has made a reference to this innate virtue, in the story of creation of Adam and Eve, when talking about their eating of the forbidden tree:
"Then he instigated them both by deceit so when they tasted "of" the tree their shameful things got displayed unto them, and they both began covering themselves with the leaves of the Garden..." "7:22"
In continuation of these verse "verse 26" there is a reference to sending down of a raiment to cover the privy parts, with a mention of enmity of Satan to man through stripping off the raiment of Adam and Eve "verse 27".
"O children of Adam! Let not Satan involve you into affliction as he got your parents out, from the garden "of the blissful life" stripping off their raiment, that he may expose unto them their shame;..." "7:27"
Praising Yousif's chastity in dealing with Egyptian women, he quotes his speech in this way: "Said he: "O my Lord! The prison is dearer to me than that unto which they invite me; and if Thou turneth not away from me their guile I may yearn unto them and become of the ignorant ones." "12:33" In other verses there is emphasis on shyness and chastity of Shu'ayb's daughters in social relations and their way of walking and behaviour as in the following Quranic verse:
"And when arrived he at the water of Madyan, he found on it a group of men "watering their flocks" and found he besides them two women keeping back "their flocks"; said "Moses": "What aileth you?" Said the two "women" "We cannot water until the shepherds take away "their sheep from the water", and our father is very old." "28:23"
These daughters recognise and consider shyness and chastity in time of being engaged in work and activity and presence on arena of social activities.
Also these very daughters showed a polite way of walking and modest behaviour:
"Then came unto him one of the two women walking bashfully..." "28:25"
In this very episode virtuousness of Moses"A" is reiterated, as in some narrations, thus: "Moses said to the daughter: Show me the right way and move "walk" behind me, as we children of Jacob, never look at the posterior parts of women." 173
Likewise it "the holy Quran" praises chastity of Mary"A" in this way:
173. Al-Mizaan, vol. XVI, p. 28.
"And "O Mohammed! remember" her "Mary" who guarded her chastity, therefore We breathed into her Our Spirit, and We made her and her son a sign unto all peoples." "21:91"
The holy Quran regards guarding the modesty to be one of characteristics of the believers, giving orders to the prophets to bid the believing men and women to lower their gaze, as in the following verse:
"Say thou "O Our Apostle Mohammed!" unto the believing men that they cast down their gaze and guard their private parts; that is purer for them; Verily God is AllAware of what they do. And say unto the believing women that they cast down their gaze and guard their private parts..." "24:30, 31" In these verses the philosophy of this prescription, the development and nurture of man being regarded to be confined in selfrestraint and guarding the private parts. 174
The holy Quran prescribes those who cannot afford for marriage to observe continence, as in this verse:
"And let them be in continence, those find not means to marry until God of His grace maketh free from want..." "24:33"
Concerning the aged women "past child bearing" though there being no rigid restriction upon them regarding covering and clothes, but observing continence is better for them "verse 60 of surat AnNoor".
For manifesting its objectives in these fields, the holy Quran uses terms like chastity, bashfulness, fortification, lowering the gaze and guarding the private parts.
Chastity "continence" is used with the meaning of selfpreservation and controlling and restraining the self. 175Shyness is used with the meaning of contraction and
174. Rooh Ad-Deen Al-Islami, p. 357.
175. Lisaan Al-Arab, vol. IX, p. 290.
Fortress "hisn" means fortified and inviolable region and also is used to mean continence and chastity "abstinence". 177
Ghazz means lowering and decreasing the gaze not closing the eyes. This meaning was affirmed by Martyr Mutahhari through many evidences in his book Mas'alah hijaab. 178
Out of the abovementioned verses we can conclude the following results:
· Chastity and bashfulness have no relation to history or certain era, as human beings have been observing and abide by them since the beginning of creation.
· Chastity and shyness being a human quality, that does not specially belong to men or women. But innate nature and intellect of man reflect them, the fact regarding which no difference is there between woman and man.
· Chastity and bashfulness do not necessitate sitting home behind veils, but they be compatible with the social activities, as was pointed out in the story of Shu'ayb's daughters.
· Chastity itself being a means having effect in attaining to maturity and good development, as propounded in verses 30 and 31 of surat AnNoor.
The word "purer" "azkah" which is used in these two verses, is repeated three times in the holy Quran, two of which being among these verses, and third one being in surat albaqarah, verse 232, which is also related to family connections between wife and husband.
In these three verses, guarding the private parts, chastity and returning to renewed life after separation and divorce were
176. Al-Misbaah Al-Muneer, vol. I, p. 196.
177. Lisaan Al-Arab, vol. III, pp. 208-209.
178. Masa'lah Hijaab, pp. 136, 141.
considered a means for purification and development.
Al'Allamah AtTabataba'i is reported to have said: Islam is a religion of Zakaat, purification "tahaarah" and knowledge. And objective of the Prophet"S" was introduced in several verses to be purification and teaching. 179
Then legislation of rules and enacting of laws being for the reason that man can attain to this development, purity and awareness, as indicated in these verses. All prophets struggled and concentrated their efforts on fulfilling these aims. The Prophet Moses"A" has invited Pharaoh to this purification and development:
· "And say "unto him": "Hast thou "a desire" to cleanse thyself "of thy disbelief"." "79:18"
The Messenger of Allah"S" used to gather alms from people so as to cleanse and purify them "from sins":
· "Take thou alms out of their wealth, thou wouldst cleanse them and purify them thereby." "9:103" Ultimately the delivered man will be that who attained to purification:
· "Indeed be "alone" succeedeth who purifieth himself." "87:14"
In short, man's perfection, in view of the Quran, lies in purification and full awareness. And chastity plays a good role in achieving one of these three ideals, which is purification "tazkiyah". And what violates and traverses chastity of women, in perspective of the Quran, being Tabarruj "adornment and displaying the charms", which is set forth for discussion in the form of an address to the Prophet's wives:
· "And stay ye in your abodes and display not your finery like the display of the ignorance of yore..." "33:33"
179. Al-Mizan, vol. II, p. 239.
Interpreters of the word "tabarruj" took it to have several different meanings like: walking "of women" among men, uncovering the necklace, earring and neck, walking with coquetry "amorous gest", displaying the finery and charms whose covering is obligatory, and manifesting those charms that stimulate and excite lust of men... and alike. 180
It seems that all these things can be admitted as evidences and applicabilities of Tabarruj, since Tabarruj means displaying of finery and every one of these can be an applicability of these things. The verse 33 of surat AnNoor stated three applicabilities of this Tabarruj "displaying the charms" in this way:
1. Displaying and revealing hidden finery and charms;
2. Uncovering the neck and place of necklace;
3. Walking in a coquetry way to show off the concealed finery.
To sum up, what causes deviation from life and course of development, in view of the Quran, being Tabarruj which is an indecent and obscene practice. In many traditions, as in the Quran, chastity and bashfulness are referred to as philosophy of covering.
1. AlImaam ArRiza"A", in a reply to a question put to him by Mohammed Ibn Sinan, said:
"The reason behind prohibition of gazing at hair and body of women lies in the fact that this gaze constitutes a ground for exciting the men, the excitement that will lead ultimately to corruption and indulgence in unlawful acts and practices." 181
2. AlImaam AsSaadiq"A" said:
"Successive looks "at women" plant seeds of lust inside the heart "of men", and constitute a seduction that causes the
180. Al-Mufassal Fi Ahkam Al-Mar'ah, vol. III, pp. 413-414.
181. Wasa'il As-Shi'ah, vol. XIV, p. 140. Ha 12.
seer to slip "commit sin"."182
3. In Tafseer AlQummi, AlImaam AlBaaqir in interpreting the verse "O children of Adam! We have revealed unto you raiment to conceal your shame...", said:
"The raiment being that which people put on, with living facilities and wealth. Raiment is absteniousness and chastity. A chaste and pure man is that who never displays his private parts although being naked of clothes. While a debaucher is that whose private parts are revealed, even when his body be covered with clothes. Allah says: Raiment of virtuousness is better, meaning that chastity is better "for people".183
4. There are traditions reported too about chastity giving this meaning, like:
· "No chaste man has ever committed adultery." 184
· "Overcome the sensuality by chastity and continence." 185
· "Chastity weakens the lust." 186
· "Bashfulness lies in lowering the gaze." 187
On the other hand, among statements of the Infallibles a reference is made to this fact that chastity is one of factors leading to perfection of character of man:
· "Virtues can never be completed but only through chastity and sacrifice."188
In brief, chastity and bashfulness being a human characteristic
182. ibid. p. 139, Ha, 6.
183. Bihaar Al-Anwaar, vol. IXXI, pp. 271-272, Ha 15, quoted from Tafseer Al-Qummi.
184. Tasneef Ghurar Al-Ahkam, p. 256.
186. ibid., p. 259.
187. ibid., p. 256.
188 ibid., p. 256.
that was and be admitted by all human beings, and to which all great men and Divine religions recommended and called. The Islamic Shari'ah has also recommended emphatically on it making it a basis for certain rules and ordinances like: Covering, controlling the gaze and observing the limits between woman and man.
On this basis, we can criticise the various theories that have been presented on the subject of emergence of covering among human beings. Some "researchers" have presented reasons and purposes for covering of women, which being incompatible with human history and man's nature, and for affirming of which no witness or historical evidence is available. Very often these causes have been stated for showing ignorance or tyranny of veil "hijaab". Herewith I will first cite these causes, and will give a finish then to their criticism.
1. Selfdiscipline and monasticism being a factor for the covering and for creating limits "if inviolability" between woman and man, in order that the greatest subject of joy and pleasure for humans, i.e. seeking sexual pleasure, would be removed.
2. Insecurity of women before violation and injustice, being another factor causing women to cover themselves and hide their charms.
3. Men, for getting more enjoyment and economical exploitation of women, they accustomed them to stay at home.
4. Men's jealousy caused women to cover themselves. The husband would cover his wife for the sake of secluding her exclusively for himself and preventing others from exploiting her.
5. Menstruation and menses of women led them to think little of themselves and to their retirement from society and keeping aloof from them. 189
6. Martyr Mutahhari considered another factor for covering of the woman, saying:
· "In my view the social root of emergence of limits and fender between woman and man should not be sought in inclination to mortification of the man's desire to exploit the woman, or man's jealousy, or social insecurity, or woman's menses, or at least can be sought with a less degree. The root of this phenomenon should be sought in an instinctive skilful prudence of the woman herself.
In general the debate is concerning the origin of woman's sexual morals like bashfulness and chastity, and among them the tendency toward covering and veiling herself from the man. There are several theories introduced on this subject.
The most exact of these theories being that bashfulness and chastity, veiling and covering being altogether a policy adopted by the woman as an inspiration to valuating herself and preserving her position in front of the man. The woman, with her innate intelligence and own special sense, realised that she cannot be equal to the man in respect of bodily capabilities. And if she wants to struggle with the man in the field of life she would not be able to cope with him is strength. On the other hand, the weak point of the man lies in this want that creation being stored in existence of the man as God made him a manifestation of love and request "search" and the woman a manifestation of belovedness and subject of desire and request. When woman realises her status and position in front of the man and recognises the man's weak point in front of her, she would, just as she was trying to fascinate the man's heart through ornamentation and displaying her finery and charms would resort to seclusion and keeping aloof from the man. She realised that she should not offer herself gratuitously, but rather should
189. Mas'alah Hijaab, pp. 31-68.
make flame of loving and desiring her sharper. 190
The reason why this viewpoint was attributed to Ostaz Mutahhari being that he has not criticised this theory, and admitted its basis, that is woman's being beloved and man's being lover in his other articles, from which he derived some scientific conclusions. 191
These opinions and viewpoints, regardless of their not having an evidence and witness on their generality, have faced so many criticisms:
1. In these views no human root is considered for covering of man throughout long history, but woman and man were supposed to be engaged in a trade manly and womanly dispute, evaluating one's acts according to it.
2. Origin of mantle was not confined to women alone so as to approve of veracity of most of these opinions. The covering "mantle" has no restriction to women but it includes all mankind throughout history. With this description how can one talk about exploitation, jealousy or violation seeking on part of men and regarding them to be the motive behind covering.
3. Generality and comprehensiveness of covering among various peoples and communities, with multifarious ideals and aims, would lead us to refuse the influence of monasticism and asceticism in emergence of covering.
To sum up, it is infeasible to neglect the effect of instinctive quality of shyness and chastity in appearance and perpetuity of covering, and resort to mechanistic causes. In the same way as it can't be denied that some of these philosophies were effective in certain epochs and places, but restricting the emergence of covering in them is incorrect.
Of course it should be added that if bashfulness and chastity
190. ibid., pp. 69-70.
191. Nizam Hoqooa Zan Dar Islam, pp. 47-49.
being the main incentive for covering, some conclusions other than sensual perfection, would be resulted from the covering. One of them being safeguarding the healthiness of human society, to the meaning that woman and man can, in social intercourses, establish relations as two human beings having human request from each other, and so they won't go after satisfying their sexual instincts in collective life.
The other benefit that is derived from them "bashfulness and chastity" being to preserve the genuineness of the family. Since the family, which is composed of a woman and a man living together as legal spouses, can insure the permanency and safety of mankind offspring, which is one of original and essential aims of the family, through legitimately satisfying the sexual instincts. Observing continence and woman's and man's adherence to bashfulness and chastity, and restricting the satisfying of sexual instincts within a legal environment, all this will have great impact upon stability and healthiness of the family.
General Conditions of Covering
The extent of covering in every school and society depends on many things such as way of looking at man, the family, range of admittance of social participation of woman, rate of influence of both sexes on each other... etc.
Proposing the issue of covering in the Islamic religion had the same rule, as in this school has admitted certain ultramaterial and bestial maturities for man, female and male, as man being not the only material creature that must strive to insure his desired needs in life, but there are several other arenas of life, much broader and deeper than life itself, can be sensed.
In these arenas, other characteristics insuring the perfection, like learning and knowledge, worship and benediction, selfedification... and continence also is one of them. Hence covering has connection with individual perfection.
According to the Islamic Law "Shari'ah", the family being the primary and essential nucleus of human society. As the first step in education is taken inside the family, and father and mother being the first educator and teacher for the child. So safeguarding and preserving this centre being among the firmed and indisputable principles of the Islamic Shari'ah, and as a reference was made to this in discussion of purpose of covering, so mantle has a certain role in protecting and safeguarding this centre.
Admitting the woman's social participation, which was set forth in the previous chapter, should be considered in determining the covering. Hence it is improper to oblige the woman to cover her face since with closed eyes she cannot practice social activities as required. So do the other factors.
Taking into consideration all that is said before, we can say: There are certain limits and conditions for covering stated in Islam, with no emphasis made on special certain shape and form. As clothes and covering being not among confirmed worshipping matters, and affected by norms and customs. If clothes had those general conditions and covered those limits, so no obstruction or restriction would be for them, and this would differ according to change of circumstances and situations.
Ibn Taymiyyah has an excellent statement in this regard, thus:
"To follow the example of the Prophet"S" sometimes concerning something done and some other time regarding some farther thing, means that the Messenger of Allah"S" sometimes does some act for the sake of a thing farther than this work. In this case the legitimacy of that aim not that special act would be farther. For instance, the Messenger"S" was using oil for keeping his hair healthy, can we say that all people have to do the same for safeguarding their hair, and if another method be proper in some region with regard to water and atmosphere, it should be adopted and applied. The same is true in regard of food; for instance the Messenger of Allah"S" used to eat dates and barleybread, then does following his guide mean people everywhere should do the same? No definitely it is not true, as the Prophet's companions and Fuqaha have used and eaten the foods of the regions they conquered, putting on the clothes of those places. If anyone should imitate others in costumes and food, it was proper for the companions to follow the example of the Prophet in these fields. Likewise, the Prophet and Sahabah used to wear a wrapper and cloak, so wasn't it better for others to follow them and do the same. The religious authorities have different opinions regarding this issue, but I think it is unnecessary to refer to this subject."192
The limits and conditions that should be considered in regard of clothes are as follows:
1. All the body except the face and two hands up to the wrist, should be covered.
2. Fame clothes should be abstained from.
3. Women's clothes should be totally different from those of men.
4. Transparent clothes "incarnating the body" should be abstained from.
Following is a brief explanation of these five principles:
Limits of Clothing
It is known among Fuqaha that the woman should keep her body covered from the eyes of foreigners "unconsanguine men", except the face and two hands up to the wrist. Of course some "Fuqaha" go farther and believe that all the body even the face should be covered. And a few of them held the view to "covering" less than this limit "of the body".
There are skilfully made articles in Persian and Arabic about these fields, that strongly defended the wellknown opinion, giving firm and strong evidences for proving this view, regarding the two other views unacceptable. 193Taking all this into
192. Fatawa ibn Tamiyyah, vol. XXII, pp. 324-326.
193. Mas'alah Hijaab, of Murtaza Mutahhari, pp. 181-219; As-Sitr Wan-Nazar, of Mohammed Mahdi shams Ad-Deen, pp. 79-225.
consideration no necessity is seen to elaborate on this subject.
Abstention from Fame Clothes
In many traditions prevention is made to wearing clothes that make someone famous and distinguished; The Messenger of Allah"S" is reported to have said:
· "Whoever wears fame cloak in this world, Allah will verily cloth him with a similar garment on the Day of Resurrection." 194
The fame garment is that one which being unsociable and incompatible to the common law of society, and should observe a norm or habit that is not being incompatible to the Islamic Shari'ah.
Adverse to Men's Clothes
In so many traditions, the Prophet"S" has damned and cursed those men and women who liken themselves to each other, one of them being the following:
· "The Messenger of Allah"S" damned those men likening themselves to women and the women who liken themselves to men." 195
This narration prohibits any kind of simile and likening in all fields and grounds. And in respect of covering and clothes what is apparently intended is the public prestige of those women who liken themselves to men or vice versa, as if appeared a resemblance in a piece of clothes there would be no disapproval and prohibition.
Abstaining from Transparent Clothes
Usaamah Ibn Zayd says: The Messenger of Allah"S" has one day clothed a man a white thin garment, and that man gave it to his
194. Sunan Abi Dawood, vol. IV, p. 44, Ha 4021 and Wasa'il As-Shi'ah, vol. III, p. 354.
195. Saheeh Al-Bukhari. "Kitaab Al-Libaas," vol. VII, p. 205; vol. III, p. 246.
wife. Some day the Messenger of Allah"S" questioned: Why don't you wear that cloak? The man said: I gave it my wife. The Messenger said: Tell her to wear some other piece of clothes under it so as to prevent her body from being visible. 196
The Islamic Law, as considering covering for women more important than men, has taken into consideration nature "fitrah" and intrinsic desires of woman in regard of adornment "zeenah", permitting certain bounds for adornment for women or even encouraging to them.
The holy Quran divided adornment into two parts: outward and bodily, prohibiting displaying the inward finery and adornment, allowing outward adornment for woman:
· "... and they display not their adornment save what is apparent of it..." "24:31" Applicabilities of apparent adornment became manifest in the conduct "Sunnah" of the Prophet and Infallible Imams, to some of which a reference can be made here:
Dyeing the hand and the nails of fingers "with hennah", which is called khidaab, was something encouraged by the Prophet who abstained from taking bay'ah "swearing allegiance" from women whose hands and nails were devoid of Hennah.
'A'ishah is reported to have said: Hind the daughter of Otbah said: O Messenger of Allah swear allegiance with me. The Prophet said: I won't take an oath of allegiance with you until you change "colour of" your hands, they seem like hands of a "wild" beast. 197
196. Majma' Az-Zawa'id, vol. X, p. 405.
197. Sunan Abi Dawood, vol. IV, p. 76, Ha. 4165.
'A'ishah is reported to have said: A woman has extended a letter toward the Prophet from behind a curtain "veil". The Prophet said: Is this a hand of a woman or of a man? She replied: It is a hand of a woman. He said: You should change colour of your fingernails.198
It is also reported from AlImaam AlBaaqir to have said:
"It is not permissible for every woman to leave her nails white, unless she at least dyes "touches" them with some Hennah." 199
Letting Long the Nails
AlImaam AsSaadiq reported from the Prophet that he said:
· "For men, you are asked to trim your nails and for women you can let them grow longer as it is better for your adornment." 200
AlImaam AsSaadiq reported from the Prophet the following hadeeth:
"The scent of women is that whose colour should appear and odour be concealed, while scent of men is that whose odour should be apparent and colour should be unseen." 201
Some of the researchers hold that women can beautify their faces in a way that their odour should not be smelled. The traditions that prohibit women from using perfumes pertain to three cases:
1. In time of going to the mosque.
2. When perfume being of smelled odour.
198. ibid., p. 77 Ha. 4166.
199. Wasa'il As-Shi'ah, vol. XIV, p. 163, Ha I.
200. ibid., vol. I, p. 435, Ha I.
201. ibid., p. 444, Ha I & 93.
3. When the woman intends to excite a sedition in the society.
Other than these cases no prohibition is imposed whatsoever. 202
Out of the discussions introduced in this chapter, the relations between woman and man in the Islamic society became somehow manifest. The following is an abridgement of whatever stated before.
The issue of intercourse between woman and man turned to be subject of numerous debates, and the writers use sometimes the term Tabarruj with the meaning of sexual unrestrainment. Seemingly, if intercourse means this unrestrainment to which the holy Quran refers as displaying the charms, so it is an indecent and obscene habit that the Islamic Law has definitely forbidden. But if what is intended of intercourse the mere presence of woman outside the house, then no prohibition is imposed on it. Hence we can say: In our opinion, the Islamic Shari'ah has admitted social presence of women, determining for it certain norms and regulations, which have been discussed in detail in Chapter Four.
This is based on the fact that woman and man have, beside femininity and masculinity, an original human dimension that can be taken by them as pivot of communications. Determining the etiquette and regulations should be done in a way that connection between woman and man never transcends the human boundaries.
It is true that if relation between woman and man in a society revolves round axis of femininity and masculinity, that is the woman and man take their femininity and masculinity to the society, this will be something indecent and clumsy, which is that reprehensible intercourse. In other words, the term
202. Tahreer Al-Mar'ah Fi 'Asr Ar-Risaalah, vol. IV, p. 265.
intercourse "ikhtilaat" can be given to relation between woman and man within the frame of sexual instincts, and the term connection "irtibaat" can be used for the domain of human relations. Sometimes it is said that these two realms can never be separated from each other, as a result of which the women should be denied the right of social presence. In response to this it should be said that this judgement is based on two views that take seduction as the original character of women which men have no ability and power to restrain themselves in front of it. As a result of this view, comes the inhuman look at woman and man.
While the religious texts cited in chapters four and five indicate that woman and man are human beings and can, with strong determination, embark on separation of different realms of their life. Of course this innate and human resolution should be controlled by religious rules and regulations, so as to get a good result.
To sum up, it can be said if the connection between woman and man be healthy and according to rules and good manners, no legal prohibition would be there upon it, and even women's social participation can never be achieved without this connection. But this relation should observe the current circumstances and its purpose should be only work and labour. But when laws and regulations are not observed by women and men and no business or work be the aim of relation between them or their presence in society, this would be that very indecent and reprehensible intercourse.
Descriptive Books on Collections
Before introducing and describing some books, it seems useful to refer to some points:
History of Writing on Women
Compilation and writing on women's affairs and issues, in the realm of Islamic culture, goes back to ancient times and to the 3rd and 4th centuries. All the scientific efforts and searches can be divided into two totally different periods:
First Period: From 3rd till 13 Century
Independent and implicit works, in this period are relatively glaring, among which the following:
1. Kitaab AnNikaah, Kitaab AnNisa and Kitaab AlWildaan of Ahmad Ibn Mohammed Ibn Husayn Ibn Hasan Ibn Dowil AlQummi "d.153H." 203
2. AnNisa AlMa'rufat Fi Quraysh, by AbuMundhir Hisham Ibn Mohammed AlKalbi "d.205 H." 204
3. Ummahaat AnNabi - Kitaab Munaqadat AshShu'ara -
203. Rijal An-Najashi, pp. 65-66; Adh-Dhari'ah, vol. XXIV, p. 132.
204. Adh-Dhari'ah, vol. XXIV, p. 132.
Akhbar AnNisa, Kitaab Manakih Farazaq - Kitaab AlMakr, Kitaab Man Tazawwjah Min Nisa AlKhulafah and other books written by AbulHasan Ali AlMadai'ni "135225 H.". 205 AtTabaqaat AlKubra authored by Ibn sad "168230 H.", the eighth volume of which is dedicated for women. Kitaab AnNisa WalWalah compiled by Mohammed Ibn Mas'ud Al'Ayyashi AsSamarqandi. 206 Kitaab Ahkaam AnNisa, authored by AlImaam Ahmad Ibn Hanbal "d.241H.", which was printed and published by Daar AlKutub Al'Ilmiyyah in Beirut in 1986. Kitaab AnNisa by Ahmad Ibn Mohammed AlBarqi "d.274H." 207 'Uyoon AlAkhbar, that was written by Ibn Qutaybah "d.276H.", and the fourth volume of which is dedicated for women's affairs. The book AnNisa Wa Ma Jaa Fihinnah Min AlKhabar, by Ibn AlMunajjim "241300H.". 208 And Sunan AnNasa'i which was written by Ahmad Ibn Shu'ayb AnNasa'i "d.303H.", the seventh volume of which was called "Ishrat AnNisa" and dedicated for discussing women's affairs.
· And also the book AnNisa WalWildan that was written by Ali Ibn AlHusayn AlQummi "d.329H.", the father of AshShaykh AsSadooq.209 Beside Kitaab AnNisa of Ja'far Ibn Mohammed Qulawayh "d.367H.". 210
· The book Adab AnNisa WalFarq Bayna Ahkaamihin, which was extracted from AlKhasa'is of AshShaykh AsSadooq "d.381H.". 211 And Ahkaam AnNisa Wa Risalah FilMahr by AshShaykh AlMufeed "d.413H.", and was published by
205. Al-Fihrist, of Ibn An-Nadeem, p. 114.
206. Ad-Dahar'ah, vol. XXIV, p. 132.
208. Wafayaat Al-'Ayaan, vol. VI, p. 78.
209. Ad-Dhari'ah, vol. XXIV, p. 132.
211. Fihrist Kitabkhanah MArkaz Danishgha, vol. XII, p. 2798. issue no 3819.
AshShaykh AlMufeed Congress.
· The book Usd AlGhabah compiled by Ibn Athir AlJawzi "d.630H.", a part of the 5th volume of which was dedicated for women. Nisa AlKhulafah Min AlHaraa'ir WalImaa, authored by Ali Ibn Anjab AlBaghdadi "d.674H.", 212 and Akhbar AnNisa of Ibn AlQayyim "691751H.", that was published in 1990 in Beirut.
· Beside AlIsabah Fi Tamyeez AsSahaabah, by Ibn Hajar AlAsqallani "773852H.", the eighth volume of which was dedicated for women. And Akhbar AnNisa that was written by Ibn AlMubarrad AlHanbali "840909H.", and was published by Daar AlMa'arif in Hams. Beside many other works.
· Beside these books there being other articles and researches appeared in books of hadeeth and Fiqh under the title of Kitaab AnNikaah, dating back to ancient times. Because discussions on marriage "nikaah" are common between women and men, while the aforementioned works be allocated for women. The researches of this long epoch were allocated for four realms: collecting and narrating the traditions, history and communicating the episodes concerning women, Fiqhi rules about women, a dervish's bow "Kashkool" and miscellany like 'Uyoon AlAkhbar which contained miscellaneous writings like narration of hadeeth, history, scoffing... etc. These writings are in common in two particulars:
1. Being mostly devoid of any kind of analysis and decomposition.
2. Being mostly written in the way commonly known on the subject of woman "portraying her as an infirm, weak and seductive creature".
212. Kashf Az-Zunoon, vol. II, p. 1950.
Second Period: From 13 up to 19 Century
This period started with criticism and refutation; that is some were engaged in criticising some of religious and traditional beliefs concerning the woman and religious scholars took efforts in verifying and manifesting religious views. This era commenced in the 13th Hijrah century contemporaneously with Muslims' joining the Western world. In other words it started with sociopolitical movements of women during the first decade of the twentieth century in North America, Europe, Asia and Middle East.
Qaasim Ameen wrote a book in 1899 calling it Tahreer AlMar'ah, in which he analysed and criticised some religious issues concerning women. And his other book which was brought out under the title of AlMar'ah AlJadeedah in the year 1901, following the same course. It is said that 'Itisaam AlMulk translated the book Tahreer AlMar'ah into Persian in 1900, under the title Tarbiyate Niswan. 213
In Iran these conversations turned serious from constitutional revolution up to date, although before it some new questions and issues were set forth for discussion by some women like Bibi Khanum Astrabaadi, the author of Ma'ayib ArRijaal in refutation of Ta'deeb AnNiswah "13121894AD.", and daughter of Nasir AdDeen Shah Taj AsSaltanah the writer of Khatirat Taj AsSaltanah.
Third Period: From 19th Century & Upwards
Out from this date upwards the main religious works and articles have been written and compiled in Iran and Arab Muslim countries. As an example, we can name some of these writings that appeared in Iran:
213. Journal of Neema Digar, issue no. 1, winter 1992, p. 9.
1. Risalah Fi Wujub AnNiqab Wa Hurmat AshSharab, by Mirzah Mohammed Sadiq Fakhr AlIslam "d.1329H/1911AD";
2. IntibahNamah Islami, by Mirzah Riza Shari'atmadari Damghani "d.1336H/1918AD";
3. Hikmat AlHijab Wa Adillat AnNiqab, by Asad Allah AlMusawi AlKhonsari "d.1344H/1931AD";
4. Burhan AlMuslimin, by Mohammed Ali Kashani "d.1346H/1928AD";
5. Kashf AlGhurur of Mafasid AsSufur, by DhabihAllah Mahallati "d.1352H/1932AD.". From other countries a reference can be made to the following books:
· AlMar'ah FilIslam WalHijab WasSufur, by Mohammed Hamdi Afandi "d.1329H/1911AD";
· Huquq AlMar'ah AlMuslimah, by AshShaykh Nadim AlMallah "d.1346H/1928AD.";
· AlMar'ah Fi Nazar AlIslam, by Abd AlQadir Shubbayr AlKirmani "d.1347H/1928AD." 214
Beside other works of personages like Rashid Riza "d.1354H/1936AD.", such as Huquq AnNisa and Nida AlJins AlLatif, with Sayyid Qutub and Abbas Mahmud AlAqqad and others.
Magazines and Journals
In these epochs, many magazines and journals concerning women's affairs were published and brought out beside the books. 215
And in Iran more than twenty magazines concerning
214. ibid., issue no 14 spring 1991, p. 108.
215. ibid., issue no 17, winter 1992, p. 8.
women were published before the culmination of the Islamic Revolution, like the following:
Danish, Shukufah, Zaban Zanan, Nama Zanan, Namah Banowan, 'Alam Niswan, Jahan Zanan, Jahan Niswan Watan Khah, Majallah Niswan, Majallah Sa'adat, Niswan Sharq, Dokhtaran Iran, 216 Nidai Zanan, 217 Azad Zanan, Ittelaat Banowan, Baano, Banowan Khorasan, Payk Sa'adat Niswan, Jam'iyyat Niswan Watan Khah Iran, Jahan Zanan, Huquq Zanan, Zanan Imruz, Zanan Iran, Alam Zanan, Qiyam Zan, Nam Banowan, Hifdah Dey,... etc. 218
And after the culmination of the Islamic Revolution, the following magazines have been published and issued in Iran:
Zan Rooz, Zanan, Payam Zan, Nida, Rah Zaynab, Payam Hajar, Farzanah, Gozidah, Rayhanah,... etc. 219
The writings of this period were mostly characterised with analysis and interpretation, paying attention to criticism and study, with their main axis being rights of woman "all family, political and social rights and others", freedom of woman, employment, Hijab "cover" and other things. In fact the axis of these works has been issues with which all the world is inflicted nowadays.
With elapse of time, investigations and discussions concerning this topic became more and more extensive and profounder, leading to innovating numerous extant and valuable works.
216. Journal of Kalak, issue no 55-56, pp. 45-46.
217. Matbu'at Iran, of Husayn Abu Turaabiyan, p. 154.
218. Shnaasnaamah Matbu'at Iran, of Mas'ud Barzin.
219. For more information refer to journal of Nada, issue no 10, pp. 35-41.
Publications on Publications
Witnessing extension of these researches and writings, bookidentifications and biographies that have been published up to the present time:
1. Kitabnamah Athar Zanan Iran, Tehran, Women Organisation of Iran, 1970, p.89.
2. Kitabshinasi Athar Zanan Dar Panjah Sal Akhir, "Identification of women's works during last fifty years", from 1921 up to 1970, Master thesis of librarianship. Prepared and regulated by Yahyah Asadi, Tehran College of Educational Sciences Tehran University. Group of Librarianship, Academic year 19721974, p.187.
3. Fihrist Manabi Marbut Bi Zan "index of references relevant to woman", in Persian, by Mohammed Hasan Taqawi with cooperation of Jackline Rodolf Tabah, Tehran: Tehran University, College of Social Sciences, Social Studies & Researches Institute, 1979, p.96.
4. Kitabnamah Zan "Treatise on Woman", collected and compiled by Zahra ChihrahKhand and Sadiqah Sultanifar, with collaboration of Society of Islamic Revolution Women of Iran, Tehran: with collaboration of Iftikhariyan publications Foundation, 1980, p.120.
5. A subjective list of books and articles regarding woman, published by Administration of publications and Propagation "department of women", Tehran Ministry of Culture & Islamic Guidance, vol.I, 1984, p.176; vol.II, 1987, p.110.
6. Maqalahnaamah Zan, by Maryam Ra'iyyat AliAbadi, Shahrazad Taahiri Lutfi and Nusheen Imrani, Tehran: Cultural Researches Bureau, 1989, p.248.
7. PezhuhishNamah Zanan Wa Khanawadah "Research on women and family", by UNISCO National Commission in Iran, Social Sciences Department, Tehran. Publications of UNISCO National Commission in Iran, 1992, p.152.
8. Masadir AnNizam AlIslami AlMar'ah WalUsrah FilIslam, by Abd AlJabbar ArRifa'i Kuwait Manshoorat Markaz AlMakhtutat WatTurath WalWatha'iq, 1414H/1993AD, p.564, in Arabic.
9. Fihrist Mushtarak Kitabha "Common Index of books", Articles and theses on women and education, in Persian Published by United Nations Children's Fund "UNICEF", Tehran Bureau, 1984, p.127.
10. Analytic book on role of rural women in development of UNICEF and Bureau of Activities Development of Rural Women, Agriculture Ministry of Islamic Republic of Iran, 1984, p.113. 220
11. Kitabnamah Zan, Index of books compiled and translated by women "19791985". Published by Investigation Department in AzZahra University, Tehran: AzZahra University, 1985, p.34.
12. AlMar'ah Biloghrafiyyan, by Fa'iq Fuduli, Baghdad: Daar AlAafaq, 1985, in Arabic. Further many other works were published in the form of articles and pamphlets like the following:
1. Chihil Kitaab Piramoon Hijaab, Noor 'Ilm Journal, issue no.20, 1987, pp.116122.
2. Kitabshinasi Hijaab, by Sayyid Muhsin Sa'idZadah; PayamZan Journal, issues Nos. 8, 9, 1992, pp.5964.
3. Kitabnamah Hijaab Wa Libas, Islamic Propagation Organisation Exhibition of Woman's Identity and Status, 1991, p.40.
4. Kitabnamah Hijaab, Baqir AlOloom Research Centre, serial no.128.
5. Maqalaha Wa PayamNamaha Zanan "Articles and theses
220. journal of Goftogo, issue no. 9, pp., 133-135.
on women", Bureau of people's Promotion and Participation, Ministry of Construction Jihad.
In these collections, more than ten thousand books, articles, theses, research drafts regarding women's affairs have been introduced, in Persian and Arabic. Further the works published in other languages, and even in Arabic, were more than these. A vivid evidence for this claim, being the news about organising a book fair for Arab women in Cairo with 1500 book titles, in the period 1620 November 1995. In this fair only 24 publication houses and universities participated.221
Five Outstanding Works
After presenting this report surveying the situation of writings on women's affairs, it is proper to turn here to point out with explanation of five compilations on women's affairs. The reason why I chose them lies in the fact that these books are more than one volume and tackled the issues with a new view, though their compilers having not one and the same mode of thinking. In these works, attention was concentrated on issues and subjects be more interested by woman to read, covering also the recent new questions and suspicions. On the other hand, these books are inscribed in Arabic, and cannot be used by Farsispeaking people. These general introductions can acquaint the Farsispeaking people with other thoughts and ideas, to some extent. I think getting acquainted with these compilations helps complementing the discussions of this book. The identified collections are as follows:
1. AlMufassal Fi Ahkaam AlMar'ah WalBayt AlMuslim 11 volumes.
2. Tahreer AlMar'ah Fi 'Asr ArRisaalah 6 volumes.
3. Masa'il Harijah Fi Fiqh AlMar'ah 4 volumes.
4. AlMar'ah FilFikr AlIslami 2 volumes.
221. Hamshahri daily, 4th year, issue no. 869 (28-12-1995), p. 10.
5. Jami' Masaanid An-Nisa 2 volumes.
Al-Mufassal Fi Ahkaam AlMar'ah Wal-Bayt
Al-Muslim Fi AshShari'ah Al-Islamiyyah,
Compiled by Dr. Abd AlKareem Zaydaan.
2nd print: Mu'assasat ArRisaalah Lil Tiba'ah WanNashr WatTawzi', Beirut, 1415H. 1995 AD". 11 volumes.
This book was published first in 1413H. 1993AD, and in the year 1994 it won the world prize of Iran's Book Fair. Its author being a former professor of Baghdad University, who taught in Colleges of law, Arts and Islamic Studies. He has plenty of works and compilations, among which the following can be mentioned:
· AlWajeez Fi Osool AlFiqh
· Ahkaam AdhDhimmiyyin WalMusta'minin
· AlMadkhal Lidirasat AshShari'ah
· Nizam AlQaza FilIslam
· Majmu'at Buhooth Fiqhiyyah, and others.
The aforementioned book "AlMufassal" is matchless in its subject of study, as it contains a comprehensive list of rules and questions related to women and family according to the Islamic jurisprudence "Fiqh". The researches of this book were divided into nine chapters:
· First Chapter "Kitaab" is dedicated for rituals "ibadat", including four sections expounding topics of Salaat "prayers", Zakaat "poordue", sawm "fasting" and Hajj "pilgrimage to God's House".
· Second Chapter is dedicated for vow "nazr" and oath, which were set forth in two sections.
· Third Chapter is dedicated for questions of dhabh "slaughtersacrifice".
· Fourth Chapter, which was named hazr wa ibahah "prohibition and permission", included the following sections: Hunting and Tazkiyah "making lawful to eat", foods and drinks "beverages", treatment & medicines, gazing & touching, conversation between men & women, clothes & ornamentation, Tabarruj "displaying the charms", housekeeping, sport & entertainment, defence of life, and dignity & property.
· Fifth Chapter being under the title of Rights and Duties: Its 1st section discusses rights and duties, and its 2nd section expounds the rights in general and in particular, while its 3rd section reviews woman's duties.
· Sixth Chapter, which is titled: "Crimes and penalties." covers the main topics of crime and penalty, kinds of crimes, crime of aggression on life, crime of violation against organs and ta'zir "punishment".
· Seventh Chapter is dedicated for family affairs and issues related to marriage, manners of marriage waiting period "'iddah", rules of children and relatives.
· Eighth Chapter discusses the properties and financial dealings.
· Ninth Chapter, titled "Patients and Deceased." discusses the questions relevant to the sick and rules of death.
The Conclusion of the book is dedicated for a research on wives of the Prophet, Prophet's children, his Household "AhlalBayt", and the Prophet's behaviour and conduct with his family.
In his introduction the author manifests the purpose of writing this book thus: "The motive behind compiling this book lies first in acquainting the Muslim woman with religious rules necessary for her, so as to act according to them and call others to follow them. The other aim being getting the Muslims acquainted with family rules in perspective of Islam and manner of constituting a family on basis of Islam." "vol.I, p.7".
Hereunder I present some issues related to introducing and scrutinising of this work in two parts:
First: Apart from this salient and manifest feature, through which the author has gathered researches related to woman in one collection, opening a broad and spread door before the researchers, and apart from the much fluent and eloquent pen, I am going to indicate some of its other characteristics:
1. In the outset of every research, the subject of discussion is introduced under the heading "Preamble" and "Research programme." with categorisation of researches. This method sets forth a bright appearance of the theme and subject of discussion under the disposal of the reader and researcher. Of course we should not forget the fact that these classifications have gone to extremes loosing their usefulness and influence.
2. Paying attention to the opinions of Islamic schools "mazaahib" being one of other privileges of the book, and the author has cited the views of wellknown schools of thought, such as: Maliki, Hanafi, Hanbali, Shafi'i, Zaydi, Ibadi, Zahiri, and Shi'ah. But he has neither manifested the opinions of all the schools regarding all the questions and rules, nor taking into consideration the reasoning of all the Fiqhi views. In other words, comparativeness of this work has a great role in making it extant.
3. Paying attention to Quranic verses and viewpoints of interpreters being among the bright points of this work. The author, in every place of the book has resorted to Quranic verses, citing viewpoints held by interpreters.
4. After citing opinions of schools and Fiqhi inferences, he very often has given preference to one of them.
5. Among the other characteristics of this compilation being setting forth some of new Fiqhi issues, or giving a new finish to them. As an example for these researches, we can site the following:
Siqt Janeen "vol.III, pp.119 and 132"; Mas'alah Nigah WalLams "vol.III, pp.141275"; Libas Wa Zeenat "vol.III, pp.295410"; Zeenat Zanaan Dar Dawran Hadir "vol.III, pp.393410"; Tabarruj Wa Ikhtilaat "vol.III, pp.411432"; Hoqooqe Zan "vol.IV, pp.187336"; Jihaad Zan "vol.IV, pp.379402"; Huquq Zawjayn "vol.VII, pp.47322"; Talqeeh Masnooi "vol.IX, pp.385392"; Ahkaam AlAwlad "vols. IX & X".
6. The compiler has presented some of the new viewpoints, to some of which I refer here: · The woman can lead the congregational prayers for her household "vol.I, p352".
· They "Fuqaha" consider lawful the common "ordinary" ornament in the face and two palms for women, prohibiting excessiveness in adornment "vol.III, p.195".
· It is allowed for woman to look at a foreign man "with whom marriage is lawful" without privy parts and without carnal lust "vol.III, p.230".
Second: despite all the positive points this valuable work has, but several weak points are witnessed too, to some of which a reference is made here:
1. The subject of discourse of this compilation are more extensive than the title of the book, and the compiler gave the book the title: "AlMar'ah WalBayt AlMuslim. If the purpose be mentioning subjects related exclusively to women, but many of subjects being common between woman and man, so it was improper to gather them in this book and if the title "AlBayt AlMuslim" is added for the sake of including this group of issues, so why the title of the subjects of seventh volume be AlBayt AlMuslim? And if the aim of the author be collecting researches on personal conditions, still some of the issues have no connection to them, to some of which I make a reference here:
All kinds of impurities "vol.I, pp.1935"; purification Tahaarah
"vol.I, pp.4670"; fasting and sequestered life "vol.II, pp.7143"; pilgrimage "vol.II, pp.147390 except a few of issues"; oath "vol.II, pp.399436"; Kitaab AlAzahi - sacrifices - "vol.II, 443460"; sayd "hunting" and Tazkiyah "vol.III, pp.740"; foods and beverages "vol.III, pp.4190"; drugs and remedies "vol.III, pp.91140"; slaves and bondswomen "vol.III, pp.165175"; neighbours "vol.IV, pp.4151"; sports "vol.IV, pp.53114"; selfdefence and propertydefence "vol.IV, pp.115142"; rights and duties "vol.IV, pp.143186"; duties of woman "vol.IV, pp.337351"; bidding to good and forbidding from evil "vol.IV, pp.353370"; crimes "vol.V"; marriage of nonMuslims "vol.VII, pp.3344".
If the laborious writer had only concentrated on issues specially related to woman, endeavouring to achieve three aims, the following deficiency would have been eliminated:
· Gathering scattered subjects on rights of women;
· A new investigation and researching on woman's rights;
· Manifesting viewpoints of the Islamic Fiqh in a way that the present questions be answerable.
2. Another point of weakness in this compilation being its containing quotations more than reasoning and analysis. Moreover, the opinions of all the schools have not been transmitted in it with the same level; for instance the Shi'ah opinions have been cited in very few occasions.
Besides, it has not included or reviewed the Fiqhi reasoning of all the opinions, e.g.; when it reports an opinion of the Shi'ah, this reporting does not include any Fiqhi reasoning on the part of Shi'ah Olamaa'. In this extant work it was proper for the author to identify a number of schools or Fuqaha, reporting their views similarly, turning then to manifesting the reasoning "istidlaal" of all of them, choosing finally obstinacy, with analysis and decomposition.
3. In setting forth of the Shi'i viewpoints, some kind of shortcoming is clearly witnessed, despite the fact that the Shi'ah Fiqh being so rich, with Shi'i Olamaa' producing and compiling numerous Fiqhi books, and the author having lived in one of great Shi'ah scholarly centres, i.e. Iraq. As an example, I indicate here this shortcoming in four respects:
· The number of Shi'ah opinions set forth, being very little, especially those regarding cases about which the Shi'ah hold contrary opinions, and being known to them; such as: fasting of day of Ashooraa "10th of the month of Muharram" "vol.II, p.126", fasting of day of Nawrooz "vol.II, p.140"... etc.
· Some of the Shi'ah Fiqhi opinions have been mistakenly reported; such as: gazing of a man to a foreign woman "vol.III, p.202", looking at a photo of an unconsanguine woman "vol.III, p.226", mut'ah "temporary marriage" with fullgrown mature girls "vol.III, p.176". The author has referred to and consulted a few books, like:
· AlNihaayah of AshShaykh AtToosi; Sharayi' AlIslam and AlMukhtasar AnNafi' of Al'Allamah AlHilli; ArRawza AlBahiyyah of AshShaheed AthThani; AlFusul AshShar'iyyah of Mohammed Jawad Maghniyyah. Nevertheless, other precious books, like Jawahir AlKalam were available.
Some of the criticisms levelled at the Shi'ah, being so weak and poor, like: 1. In vol.I, p.155, in respect of prohibition of recital of surahs of Aza'im "Alif, Lam, Mim Ha Mim Sajdah, AnNajm, and Al'Alaq" it is stated: "They have not manifested the reason of excepting the Surahs." is it meant the rational reason, while in devotional matters no place is there for rational proof, or meant the devotional reason when the Shi'ah resorted to AhlalBayt's narration for reasoning. In this regard the readers are asked to refer to: Jawaahir AlKalaam, vol.III, pp.4445; Mustamsak AlUrwah AlWuthqaa, vol.III, pp.5052.
2. In discussion of question of Mut'ah "temporary marriage" many spiteful and frail answers ascribed to the Shi'ah have been given as: "They hold that Mut'ah causes the woman to be a means for sensuality of the man "vol.VI, pp.179181", though the author in justifying polygamy "vol.VI, p.290" and nushuz "disobedience of a wife towards her husband" "vol.VI, pp.163164", and also in argument of subject of medical treatment, when they claim that the man's growing fat being abominable, but the woman is allowed to grow fat since her husband likes this "vol.III, pp.100101", has plunged himself in this abyss.
4. We face sometimes weak deductions and analyses that are below the dignity of the author and his work; like:
· In explaining the reason of the zakat's being unobligatory on ornaments of women, it is stated thus: "in order that they can make use of them much as they can, so as to strengthen the connections between wife and husband." "vol.I, p.426".
· In analysing the prohibition of making use of powder and other face adornment means, he resorted to guile and ravishment "vol.III, p.364", saying: This adornment verily leads to cheating the man in time of asking for the hand of "a woman", despite the fact that the reason being more particular than claim, and if it be ravishment why making use of it for the husband is permissible!
5. Some of the viewpoints being classified as feeble, baseless and vulnerable to criticism. Herewith I refer to a few of them:
· He says, the origin "staying of the woman in the house" "vol.IV, p.31", taking this idea from the verse "And stay in your houses" "33:32". Although the command to stay in the house being opposite to Tabarruj "displaying the finery" with the meaning that Allah orders the women: stay in the house and do not pink up yourselves, and never be frivolous, but the verse didn't order the women to retirement at home. Here a distinction should be made between the most important function of the woman, i.e. mothercraft, and the basis of staying at home. The Muslim woman is charged with various individual and social duties, the most important of which being looking after the children. This differs from the claim that the primary basis for the woman being staying at home, in the meaning that going out in emergent and special conditions is permissible.
· The author believes that the woman is not allowed to be a member of legislative councils "vol.IV, p.333", since if this be for obtaining daily bread, her husband or father is responsible for supporting the family; or if it be taken as a social function then housekeeping is verily superior to it, moreover it would lead to intercourse between women and men. And as is evident these inferences are nothing but vain and frail approvals.
· The author opposes the judicial divorce, saying that faith should be established inside the society "vol.VII, p.357". Despite the fact that such recommendation may be capable of application, in an ideal society, but in communities where sensualities and selfishnesses of men be boundless and out of measure, this is not true!
· He considers the birthday festival to be a heresy "bid'ah" "vol.IX, pp.310311".
· He opposes letting the fingernails to grow long on part of the women "vol.I, p.56", without producing any proof for it, though AlImaam AsSaadiq reporting a hadeeth from the Prophet"S" recommending that it is preferable for women to let their fingernails to grow a bit long, regarding this to be something nicer for them.222
6. Concerning the woman, there are some debates regarding which no suspicions or questions were raised in the past, but nowadays they confront serious questions, though
222. Wasa'il As-Shi'ah, vol. I, p. 435, Baab 435, Ha, I.
they were not set forth for discussion in the past but in present societies they turned to be object of suffering. Giving a finish to them and finding a proper solution for them have an effective role in manifesting the standpoint of Islam.
The compiler has passed by these issues with simplicity or even he has never referred to them at all. Nevertheless in some occasions, he turns to recital of wisdom behind rules and lateral questions, like argument about how to solve the problem of marriage of the youths "vol.VI, pp.3536". Hereunder I state some of the mentioned issues:
Recommended fasting by the woman without taking permission from her husband "vol.II, p.131", the woman's travelling alone "vol.II, p.176", stipulation of masculinity for state president "vol.IV, pp.314315", bloodmoney of women "vol.V, p.357", Beating the women "vol.VII, p.370". Some of the issues to which he never referred are as follows: expenses of woman's acquiring knowledge and medical care in the interim of debate of alimony "vol.VII", issue of family guardianship "vol.VII", woman's going out from the house on supposition of husband's being on travel or during his absence "vol.VII", disobedience of men "vol.VII", question of women's employment, and women's "physical" exercise,... etc.
7. One of weak points of such a Fiqhi compilation being its devoidness of assessments of rijaal "transmitters" in respect of traditions and narrations stated in it. Throughout this detailed book only in two brief occasions a reference is made to chain of transmission, i.e. Sanad "vol.V, p.130; vol.VII, p.372".
With due attention to the fact that forged traditions are found in large number in narrative compilations, and it is not possible to rely on every narration or report whatsoever, until some Sunni Olamaa' have written more than ten books on fabricated traditions; Hence, it would have been proper to embark on criticising and studying the chains "asnad" of traditions.
8. Another point of weakness of this work being its ignorance of Fiqhi books and journals, which are brought out in recent centuries, containing criticism of numerous subjects "of discourse" on women, and introducing novel viewpoints. The compiler ought to pay attention to this fact and if he hadn't approved of these opinions, he would rather at least proceed on criticising them. For instance the journal of Risalat AlIslam contains several articles on woman's affairs, in which some viewpoints that worth deliberation are presented; like: membership of woman in Consultative Assembly, 223 polygamy, 224 and other views.
In some of these subjects, there are valuable unique writings that deserved to be considered with attention by the author; since these books and magazines were written in the style of modern debates. 225
9. It was proper to initiate this compilation with two different preliminary subjects of discourse: One being producing a considerable general portrait of woman's character in Islamic perspective, under the auspices of which a criticism was made to doubts presenting a reversed portrait of woman. The necessity of this discussion lies in the fact that the Fuqaha were unknowingly affected by such mentalities, interfering in Fiqhi and legal arguments. As a sample, AshShafi'i holds that it is better that the man recites Salaat almayyit "dead prayers" on the woman, since he is closer to God than her and his prayer will be verily sooner granted, 226 etc.
And the other argument is concerned with the method of
223. Journal of Risalat Al-Islam, 4th year, issue no 3.
225. As an example we can refer to these books: Ahkam Al-Awrah Fi Fiqh Al-Islami, two volumes; Al-Libaas Waz-Zeenah Fi As-Shari'ah Al-Islamiyyah; Tahreer Al-Mar'ah Fi Asr Ar-Risaalah, by Abd Al-Haleem Abu Shaqqah.
226. Tadhkirat Al-Fuqaha', vol. I, p. 47.
researching about subjects related to women, and the necessity of presenting such issues lies in the fact that they represent the key of investigating and studying the narrations and verses related to the subject.
10. Such a collection needs numerous technical indices, like: index of verses, index of traditions and one for biographical names especially table of contents.
The table of contents that was introduced by Ostaz Wahbah Zuhaili in his book AlFiqh AlIslami Wa Adillatuh, being truly an aid and wide way for investigators and researchers. The necessity of this index lies in the fact that on the first hand, an index of subjects is presented in an alphabetic form of which the consulter can benefit, and on the other hand in it one issue was discussed in several places, making it accessible for all.
Tahreer AlMar'ah Fi 'Asr ArRisaalah
By Abd AlHaleem Mohammed AbuShaqqah
"1st edition: Kuwait, Daar AlQalam Lil Nashr WatTawzi', 1410H/1990AD", in six volumes.
It is one of valuable and worthy works in the field of subjects on women, a collection that is produced with the good efforts of Abd AlHaleem AbuShaqqah.
In regard of his motive of compiling this book, the author says: I was doing investigation and researching on the Prophet's Sirah "biography"; meanwhile I came across some traditions regarding the woman, that differed much from the conceptions current on this topic, Therefore I abandoned the idea and turned to this argument. "vol.I, p.28".
The opinion held by the author being that the Muslim woman in the contemporary world rests between two ignorance rapacious wolves: one of them being jaahiliyyah of twentieth century which inviting to debauchery and corruption. And the other being the ignorance "jaahiliyyah" of the fourteenth century in which very narrowminded viewpoints governed over the woman "vol.I, pp.2831". For deliverance from these two assaults, he "the author" considers the socialfiqhi study of the woman during the Prophet's lifetime to be something illuminating and enlightening, so he gave the book the title Dirasah Ijtima'yyah Fiqhiyyah 'An AlMar'ah Fi 'Asr ArRisaalah "vol.I, p.38".
The course of the book took the name Manhaj Istiqrah AnNusus, to this meaning that the texts of the holy Quran and Sunnah be induced correctly, and introduced with analysis. The author has presented in the footnotes useful exposition and interpretations for words of texts. And the compiler intended firstly to take as a foundation for his work the fourteen hadeeth books that is:
Saheeh AlBukhaari, Saheeh Muslim, Sunan Abi Dawood, Sunan AtTirmidhi, Sunan AnNasa'i, Sunan Ibn Majah Muwattah Malik, Zawa'id Saheeh Ibn Hayyan, Musnad Ahmad, Musnad AlBazzaz, Musnad AbiYa'la, AlMu'jam AlKabeer, AlMu'jam AlAwsat, AlMu'jam AsSagheer of AtTabarrani.
But for accelerating the work, and making easy for the reader, and considering the position of Saheeh AlBukhaari and Saheeh Muslim, I have confined and presented the research in this stage within this section and field "vol.I, pp.4041".
The author is of the opinion that this programme has to be fulfilled in an encyclopaedia of human sciences, i.e. economy, politics... and alike "vol.I, p.43". The style of this book can be likened to the style of writing of the book AlHayaat, compiled by Mohammed Riza Hakeemi and his brothers. The author believes that for restoring freedom of the Muslim woman and organising the society on a solid foundation, we should perform several researches and studies in the following five grounds:
1. Extracting all the texts of the Quran and Sunnah;
2. Gathering the opinions and exertions of the Islamic scholars of the past centuries;
3. Analysing the Muslims' new writings.
4. Making statistic studies and investigations for getting acquainted with the realities prevalent in the society;
5. Trying to become familiar with investigations and studies made by the Westerners in the connection of woman, like: psychology, education and training, sexual culture, employment, social and political activities "vol.I, pp.4849".
The book is initiated by two short and long introductions made by two eminent researchers of contemporary Arab world, i.e. the late professor Mohammed AlGhazaali and Dr. Yousif Qardaawi.
The subjects of this sixvolume compilation are introduced through five pivots, to which I briefly refer:
This subject is presented in two sections:
In the first section the author discusses the woman's personality according to the Quranic view, giving then some samples of prominent women from the Quran.
In the second section he discussed and analysed the same topic in the view of the Sunnah, showing first signs and indications of the woman's character from the inner folds of traditions, introducing then numerous samples through detailed discussions and arguments. This section is concluded with a criticism and study of three wellknown traditions: "Deficiency of Woman's Intellect." "Most of helldwellers being Women." and "Creation of Woman from a curved rib."
Woman's Participation in Social Life
This subject for which volumes two and three being dedicated, has been discussed through two sections "babs". In the third section he pays to setting forth the topic and stabilisation of viewpoints. And the fourth section is dedicated for study of doubts and objections raised in this connection.
In the third section, he studied first the motive of woman's participation, giving eleven motives in this connection, turning then to manners and rules of participation, setting forth special conditions of social participation of woman as a subject of discourse through five headings.
After citing the necessities and manners of participation, he sets forth witnesses for permission "of participation" in three chapters, citing first examples from the era of former prophets. Then he introduces samples of way of living of wives of prophets, turning in the conclusion to citing examples of participation and presence of women during the epoch of the Prophetic mission. After this stage, women's participation in social life is divided into three areas, each of which being given good attention: 1. employment; 2. social activities; 3. political activity.
The author interprets the social activities with works of public benefit like training and education or performed in a collective way "vol.II, p.381", considering political activities like emigration, Jihaad "holy struggle", and fighting with the taghut "tyrant"... etc. "vol.II, p.413".
The fourth section, which is titled "Hiwar Ma'a AlMu'arizeen Li Musharakat AlMar'ah FilHayat AlIjtimaiyya" "A Dialogue with Opposers to Woman's Participation in the Social Life", is dedicated for criticism and study of viewpoints of opposers to woman's participation. Also he gives replies to four objections raised against "participation licence's making use of narrations." setting at the end the opposers' views to criticism and study in seven points.
Of the author's interesting discourses in this section being that the opposers to woman's participation in the social life present two portraits in front of the woman: Either social participation and resemblance to the Western woman, or retirement in the house; and as the first case is not accepted, so the women's participation should be prevented and curbed. His reply in this regard being that a third case is there for woman's participation which is set forth by the Islamic Shari'ah: Women's participation with observing the religious manners and rules.
In this very section a detailed discussion in regard of the verse of Hijab "veil" is cited, the purport of which, with holding fast eleven proofs, should have been considered among the traits of the Prophet's wives.
The last chapter of this section, which is the last part of the third volume of the book too, contains a debate concerning ghulu "exaggeration" for convenient motive or applying the rule Sadd AdhDharayi' "obstructing the justifications". The author considers the causes of this marrowmindedness and exaggeration to lie in six points, paying attention to analysing and elaborating them.
Clothes and Adornment of Muslim Woman
The fifth section, which covering the fourth volume as a whole, is dedicated for discussing the issue of clothing and ornamentation of woman. The author is of the opinion that, the Islamic Law has never declared certain fashion for clothes and ornament for women, but reiterating the five conditions of which woman's clothes and ornament should never be out. The conditions are as follows:
1. The whole body "of the woman" except the face, two hands and two feet, should be covered;
2. Moderation should be observed in clothes and ornamentation;
3. This should not be irrelevant to the common law of the Islamic society;
4. The woman's covering "clothing" should differ in general from that of the man.
5. The woman's covering should differ completely from that of the disbelievers.
It is clear here that only the first two conditions are relevant to women exclusively, and the other ones should be observed in regard of the clothes of men.
Implicitly, this section cites elaborated interpreting discussions in respect of occasion of "revelation of" verses of Hijab, introducing also an allinclusive argument on nonobligation of covering the face two hands and two feet. He made an investigation in this connection proving by which that wearing the mask "niqaab" and face veil not being among inventions of the Islamic Shari'ah, but were present in the preIslamic era "vol.IV, p.222", circulating due to certain reasons after the Prophet's lifetime "vol.IV, p.296".
Woman in the Family
The sixth section is dedicated for discussing the subject of woman and family. The subjects of discourse of this section were presented in the fifth volume, and were categorised under nine chapters with the following headings:
· Marriage in the Islamic Shari'ah - Proposing for marriage o dowry o marriage contract
· Rights of wife and husband "basic rights"
· Rights of wife and husband "partial rights"
· Differences between wife & husband and method of tackling
· Right of separation between wife & husband and polygamy.
Sexual Culture between Wife & Husband The fifth axis, which is set forth for discussion in the sixth volume, is dedicated within eight parts, for sexual rights of wife and husband. After stating the preliminaries of discussion, the following headings are seen:
· Sexual culture and bashfulness
· Acceptance of power of sexual lust by the Shari'ah
· Leniency of Shari'ah toward sexual enjoyments
· Shari'ah and techniques of enjoyment
· Prophet's conduct "lifestyle" in marriage and enjoyment "temporary marriage"
· Opinions of Fuqaha in regard of the sexual culture.
In the aforementioned chapters and sections, the author has cited numerous samples from the era of the Prophetic mission as an evidence and example.
After this brief report, we turn to cite some strange points and novel opinions and viewpoints given by the author in this work:
1. Every act on the part of the Mukallafun "who attained puberty" has a substance and shell, to the meaning that the substance appears through different conditions. The important point here being how to discover and recognise the spirit and substance. The essence of duties and acts is eternal while the way of their appearance changes with duration of time and social conditions. This distinction is employed by the author in respect of women's affairs during the lifetime of the Messenger of Allah, declaring that training, employment, and sociopolitical of women have a substance approved by the Prophet, but manner of application in other epochs will be different "vol.I, pp.3138".
2. The author is of the opinion that for comprehending some of the narrations, it can't be resorted to mental probabilities choosing one of them. But rather, when content of hadeeth be related to external realities, help should be sought from modern sciences and understanding the hadeeth on their basis "vol.I, p.280". On this basis, he makes interpretation of the hadeeth of "deficiency of woman's intellect" "vol.I, p.277", and that of "creation of woman from a curved rib" "vol.I, p.290" depending on seeking help from modern sciences.
3. In interpreting the hadeeth "Many men reached perfection while among the women none attained perfection except Asia the wife of Pharaoh and Mary the daughter of Imran." he quotes some words from Ibn Hajar which indicating the prohethood of these women "vol.I, p.312".
4. In regard of the issue of shaking hands of the man with a foreign "not intimate" woman, he reports texts indicating prohibition of this act, citing in return other texts certifying the permission to this practice. The conclusion got by the compiler out of these two groups of traditions, is that in case of nonprobability of occurrence of sedition as is commonly practised by the relatives nowadays no prohibition is there "to shaking hands" "vol.II, pp.8993".
5. In the discussion of political sovereignty of woman, he reports a statement from AshShaykh Mohammed AlGhazali, regarding it worth of contemplation and deep thinking.
AlGhazali says: Ibn Hazm took these words of the Prophet"S": "Verily failed those who entrusted a woman with their affair" to mean the highest successorship; but we have a statement profounder than this, which says that this speech be applicable to special conditions of the then Iranian land. Because Iran, in those days, with its feeble sociopolitical pillars, committed its administration to an infirm woman, the fact why the Messenger of Allah"S" recited the verses of surat AnNaml in Mecca for people, in which Balqis was named as a successful queen.
Based on this, what is considered the criterion being capability and power not being woman or man "vol.II, pp.369372".
6. Contrary to the famous opinion considering attendance of the woman in Friday prayers to be something inadmissible or at least impunible, he considers this as a desirable and recommended act "vol.II, pp.399402".
7. He quotes some long sentences from eminent Rijaal "transmitters of hadeeth" and men of Fiqh: AlImaam AzZuhri said: "We never found any of the emigrant women to have apostatised after being faithful." "vol.II, p.423". Also from AdhDhahabi he reported: "It is never reported of a woman that she lied in reporting a hadeeth" "vol.I, p.118".
8. The author believes that familiarity and sociability, diminishing the sexual sensitiveness; and in respect of relations between woman and man he raises up the sensitivity in regard of full separation between these two sexes, reaching it to the degree of a sin "haraj" "vol.III, p.31". In another place he says that sociability and habituation being of great effect in reducing the extent of seduction; in other words it diminishes the vehemence of seductivity in the connections between woman and man "vol.IV, p.155".
9. Facilitation is one of firm rules of Shari'ah, on which a strong emphasis is laid by God in the holy Quran. Likewise when the Prophet is made to choose between two choices, he would select the easier one. On this basis, the boundaries of legally permissible things should never be tightened "vol.III, p.163".
10. The author believes that the Fuqaha have received many of legal allowances from people, though these allowances causing preservation of freedom of man and encouragement of people to "heed to" the Shari'ah.
On the other hand, exaggeration in prohibition being a Satanic trick for seducing and alluring human beings to sin and disobeying God the Almighty "vol.III, p.168".
The conclusion he gets from this rule being that the permitted means can be prohibited only with two conditions. One of them is that it very often be a cause leading to mischief, and the other is that mischief has preference over interest "vol.III, p.177".
Following this discussion, he enumerates eleven instances in connection with women's affairs, in which the jurisprudents, through exaggeration in making use of rule of Sadd AdhDharayi' "obstructing the justifications", have forbidden what was permitted "vol.III, p.183".
The author considers factors causing this exaggeration to lie in six things, as follows:
· Negligence of conditions of the rule of Sadd AdhDharayi';
· undue understanding of woman's being seductive;
· pessimism in respect of the woman;
· men's blind jealousy;
· claim of corruption of vicissitudes of the world;
· some verses and narrations confirming pessimism toward the woman "vol.III, pp.190222".
11. The author believes that the opinions and viewpoints of leaders of Fiqhi schools "mazaahib" being liable to criticism and study. And imitation here is undue, but rather their wording should be also measured and weighed according to the Quran and "Prophetic" Sunnah "vol.IV, p.190". On this basis, he criticises the opinion of some of the schools that all the woman's body being privy parts "awrah".
12. The author, depending on the "Quranic" texts, considers it binding upon the Muslim woman to observe a limited amount of an outward adornment throughout all her lifetime, whether being at home or outside. And the outward adornment he considers to be: tinging the hands by Hennah, colouring the eyes with darkblue and painting the cheeks. The lawgiver exempts the woman from this obligation only in time of mourning ceremonies over the dead "vol.IV, p.251". For all of these matters he cited examples from the texts "from Quran and hadeeth" as an evidence. For instance he reported a hadeeth that the Prophet said to a woman: Change "colour of" your fingernails with Hennah "vol.IV, p.254".
Then he says: Emphasis of texts on these points never means that only the women can benefit from them these days, but rather these things change with change of time and place "vol.IV, p.262".
13. He regards the narrations forbidding women from using sweet smell "teeb" to be allocated for three occasions:
· In time of attending congregational prayers in the mosque;
· Going out from the house with a manifest perfume;
· Doing this with the intention of displaying the charms and exciting the men's lust. Other than these three cases, there is no interdiction on making use of scent whose colour be apparent and smell is hidden "vol.IV, p.265".
14. The narrations forbidding women's imitating and copying the men, are interpreted to intend the general "outward" shape of the woman. That means the general form of the woman in clothing should not be similar to that of men, in the way that if one piece of clothes of the woman be like that of men there is no interdiction on this "vol.IV, 278".
15. The author believes that covering the women's faces being not only nonobligatory but also it be not recommended. "vol.IV, pp.323328". In this connection he writes: "Never think that recommendation to veiling the face has been an ancient habit and negating it being a new heresy, that was communicated by contagion from the Western community, since Qazi 'Iyaaz "d.544H." said: Recommending to veil the face for other than the Prophet's wives, being a controversial issue" "vol.III, p.328".
16. In the author's view, if the women's being seductive was declared and informed by the Prophet"S", so he as being more aware than others and has laid down ways of preventing this, should not add to and exceed it. And the detriment incurred by exaggeration in woman's seductiveness afflicts the woman, causing to view her a weak creature, and pushing her to distress "vol.IV, p.203".
In another place he says that for preventing the seduction of the woman, no opinion should be exerted or deviation made from the method determined by the Shari'ah. The route laid by the Shari'ah is to establishing faith inside hearts of God's slaves, developing and fostering of Godfearing and observing the frontage and limits of the Divine rules "vol.IV, p.328".
17. Asking the hand "of a girl", though having a certain manner according to common law, being to go after family of the daughter, but in our time seven kinds of proposal "to marriage" are applied these days "vol.V, pp.2934".
18. There are general and detailed texts cited in regard of rights of the wife and the husband. It should be known that the general texts being invariable for all times and ages, but the detailed ones are peculiar for special circumstances and they can't be generalised for all times.
On this basis, the author says that there are certain traditions cited that encourage to the wife's obeying her husband, due to the situation prevailed in the Medina which was somewhat a kind of woman's being the chief of family. Therefore the second caliph declared in regard of the Medina men saying: Their wives are predominant over them "vol.V, p.93".
19. In interpreting the verse "And they "women" have rights similar to those "of men" over them in kindness, and for men "their rights" on women, is a degree above" he writes that this verse shows equality of rights of women with that of men. And as some exegetes hold, what is intended by "and for men on women is a degree above" is that the men dispense with their rights for the benefit of the women "vol.V, pp.9495".
20. Circumcision of girls is considered by him a preIslamic habit, in regard of whose reduction and facilitation the Islamic Shari'ah has issued several rules and instructions "vol.VI, p.150", believing it to have effect in diminishing the sexual enjoyment on the part of women, and considering the hadeeth on virtue of circumcision to be weak "vol.VI, pp.160161".
21. The author is of the opinion that among the obscene mistakes of Muslims is their passionate stance toward the claim of the orientalists who said one day that the spiritual maturity never agrees with the sexual enjoyment. And the Muslims, instead of correcting this wrong thought, have submitted to it, presenting even feeble or forged texts in this connection which confirmed this false thinking.
Another day they said that the Prophet of Islam"S" had attachment to a woman. Then the Muslims embarked on stating that there were sociopolitical motives behind marriages contracted by the Prophet, as if desire for lawful enjoyment "istimta'", never suits his status "of course we never deny these sociopolitical motives, but believe that other things should not be denied, while the Quran has confirmed those aspects too, when it says: "It is not allowed unto thee to take women afterwards, nor shouldst thou change them for other wives, though their beauty may charm thee."
Again I tried my best to cover the texts about sexual enjoyments, though the spiritual development has no incompatibility with this lawful enjoyment whatsoever "vol.VI, pp.183184".
22. The author reports from some Fuqaha that the husband should satisfy his wife's sexual need, and it is not sufficient that he fulfils this duty only once every four months, and he has implicitly accepted this opinion "vol.VI, p.233".
23. In this compilation, some of the traditions related to woman's affairs are considered weak or fabricated, to which a reference will be made in the following list:
· The Messenger of Allah"S" said to his daughter Fatimah "peace be upon her": "What thing is good for the woman "in your opinion"? She said: " "It is" that she never sees a man and no man sees her." The he embraced her saying: "An offspring one descending from the other" "vol.I, p.36; vol.III, pp.39&220".
· "Never teach them how to write nor make them dwell in the rooms" "vol.I, p.287; vol.III, p.216".
· "Submission to the woman brings regret" "vol.I, p.287; vol.III, p.216".
· "Were it not for the women, God would have been worshipped as truly as He should" "vol.I, p.287; vol.III, p.216".
· "Consult them and oppose them" "vol.I, p.287".
· "Men verily perish when obeying the women" "vol.I, p.287; vol.III, p.216".
· "The most antagonistic enemy to you is your wife" "vol.I, p.287".
· "The women are verily only a game, anyone taking a game has to beautify it or approve of it..." "vol.III, p.216".
· "I am "the Prophet" preferred to Adam with two traits: His "Adam's" wife was an assistance to him to commit sin, while my wives are helpers to me to obedience." "vol.III, p.216".
· "Had it not been for women, men would have entered paradise" "vol.III, p.216".
· "He narrated that Luqman passed by a maid writing something when he said: For whom this sword is being polished?" "vol.III, p.219".
· "Have recourse to nakedness against the women" "vol.III, p.219".
· "Denude the women, they will verily submit "to you" " "vol.III, p.219".
· "Conceal their "women's" privy parts inside the houses" "vol.III, p.219".
· "The Prophet"S" forbade and restrained the women from going out "from the house" except a crippled old woman" "vol.III, p.220".
· "UmmSalamah bint Hukaym is reported to have said: "I have come up the past childbearing women performing the obligatory "daily" prayers with "behind" the Messenger of Allah"S" " "vol.III, p.220".
· "Sulayman Ibn Hathmah reported from his mother that she said: "I have seen the past childbearing women praying with the Messenger of Allah"S" in the mosque" "vol.III, p.220".
· "The crime "sin" of "Prophet" David was looking by eyes" "vol.III, p.220".
· "No woman has ever performed a prayer better than that one "performed" in her house - except the prayers in mosques of Mecca and Medina - except a very aged woman" "vol.III, p.220".
· "When anyone of you has sexual intercourse with his wife he should cover himself, as if he doesn't cover, the angels would be ashamed and go out. If they were to have a child, verily the Satan would have a share in it" "vol.VI, p.148".
· "When anyone of you copulates with his wife he should use a cover and they should never lay themselves bare like nakedness of two wildasses" "vol.VI, p.148".
· "When anyone of you sleeps with his wife or his bondsmaid he should never look at her vulva, since this will cause blindness "to him" " "vol.VI, p.149".
· "When anyone of you copulates with his wife he should neither look at her vulva, as it verily brings on blindness, nor speaks too much as it causes dumbness" "vol.VI, p.149". · "Circumcision is verily a Sunnah "law" for men and noble act for women" "vol.VI, p.149".
It is fit here to refer to some points, that had the author paid attention to them was much better:
1. In certain places punctual and logical classification was not observed. And had classification been observed in topics as I did in presenting the book, another good would have been added to the book.
2. The subjects were discussed in a scattered way and in several places, like the issue of veiling the face in the fourth volume.
3. It was more proper for the author to manifest whether he has cited all the texts from Saheeh AlBukhaari and Saheeh Muslim for every subject, or he has selected some of them, since in some places it was declared that all the traditions were mentioned. "vol.II, p.171".
4. Reporting some weak traditions, like the one about the Prophet's hesitation in the outset of his mission "bi'thah", diminishes the standing of the book "vol.II, pp.414415".
5. Not having technical indices is another remarkable weakness of this valuable work. In conclusion, with my appreciation to this scientific worthy effort, I wish success for the honourable writer to complete the second stage, to which a reference was made in the introduction to the book "vol.I, p.41", and bring out a valuable work for Islamic nations.
Critical Issues in Woman's Fiqh
Masa'il Harijah Fi Fiqh AlMar'ah
First volume: "AsSitr WanNazar"
Second volume: "Ahliyyat AlMar'ah Li Twalli AsSultah"
Third volume: "Hoqooq AzZawjiyyah"
Fourth volume: "Haqq Al'Amal Lil Mar'ah".
The author is Mohammed Mahdi Shams AdDeen. "First edition: Mu'assasat AlManaar, Qum". Masa'il Harijah Fi Fiqh AlMar'ah is the name of a collection which was compiled and written by Mohammed Mahdi Shams AdDeen.
The author believes that certain difficult issues in women's Fiqh, are subjects that have to be set in the area of woman's connection with the society. In other words, they are subjects which come in sight from contravention between rights and duties of the wife and her social presence. He believes that these issues include four things:
· issue of covering and looking;
· woman's competence to assume post of State president;
· matrimonial rights;
· woman's social presence.
The first volume which is titled AsSitr WanNazar, discusses the covering and looking. The subjects of this volume are introduced through one prelude and two questions. In the prelude, some points regarding an investigation on Fiqh of the woman, are cited, in the outset of which the woman's position in the system of Islamic values and right is determined. After that, he refers to notable women in history, that represented practical applicability of value system. In the end he makes a brief reference to biography of liberation and freedom of woman in the West and Islamic world.
The first question is about the covering. In this question he first clarifies the controversial points, believing that the face, two hands "palms", two feet and neck of mature women, who didn't reach the age of past childbearing, being a theoretically controversial and disputable issue. Before stating the proofs of the opposers and supporters of this issue, he reiterates the exigency of the theoretical basis, proving companionship and rational and traditional acquaintance, with allowance of uncovering in controversial places.
Quoting evidences of those believing in allowance from the Quran Prophetic Sunnah, and unanimity, he gets the result that their exigency is permission to uncover the face, hands and feet. Then he criticises the proofs of those opposing this which are the Book "Quran", Sunnah and unanimity.
The second issue is regarding the discussions of looking, which the author sets forth in two parts: First part on looking of a man to an foreign woman. In the outset of this part the author presents clearcut description of the subject, dividing the women in this connection into four categories:
· Freeborn adult Muslim woman.
· Freeborn adult nonMuslim woman.
· Bedwin women.
And he considers states of looking to be four also:
· optional condition;
· exigency condition;
· looking for the sake of marriage;
· looking for purchasing.
Then he gets the conclusion that the controversy and dispute being on looking at an adult Muslim woman optionally "of course without suspicious intention".
In this regard there are three opinions: forbiddance of looking, permission and elaboration. In the beginning he criticised the view of prohibition and elaboration, turning then to establish a proof from the Quran and Sunnah on permission "to look".
The second branch is looking of a woman at a foreign man. Here also, in the outset he clears up the outward shape of the discussion, dividing men into five groups:
· Men who have no intention to get married to a woman, whether being free or slave of others, Muslim or nonMuslim.
· Men who have intention to get married to a woman.
· Woman's slaves who have manliness.
· Woman's slaves who don't have manliness "know naught of women's nakedness".
· Men who lack vigour "Ghayr OlilIrbah".
Afterwards he deems the controversial subject "of discourse" to lie in two cases: one looking without lust with free will and without intention to get married; and the other be looking at a man who has intention to get married.
Regarding the first question he believes that woman's looking at the face, two hands, neck and two ears of men to be permissible, hence reasoning with this opinion, and criticising the disagreeing opinions. Regarding the second question he also deems looking for the sake of marriage to be allowable.
The second volume, titled Ahliyyat AlMar'ah Li Tawalli AsSultah, discusses the subject of woman's competence to assume state presidentship. The author, in the introduction to this book, states that noncompetence of woman to assume rulership being one of indisputable truths of Fiqh, but it should be known that what is selfevident being Fiqh, and Shari'ah is not selfevident. Nevertheless, many of selfevident truths of Fiqh, being also intuitions of Shari'ah. Hence, the ground for meditation and contemplation in such issues is made ready.
The subjects of the book start by declaring that the foremost duty of the woman being managing the house and family affairs, but this is not the only charge undertaken by the woman. The Fuqaha unanimously concur that the woman can practise activities in many other realms of life. The dispute concentrated on her political activity alone, as some considered this field to be totally improper for the woman, and others were of the opinion of permitting this domain with some details. He gives the preliminaries necessary to enter into discussion, like identifying the framework of political profession, equality of woman and man in knowledge discipline, rights and values in Islam, with Quranic and historical evidences on permission of political activity. He then says that this issue was not recorded in the Shi'ah Fiqh, and the Sunni Fuqaha concur on incompetence of the woman for such job. Then he sets forth proofs of opposers, deriving them from the Quran, Prophetic Sunnah, unanimity "Ijma'", approvals with the practical basis, subjecting all these to criticism.
In the end the author comes to believe that there is no manifest evidence on incompetence of the woman to assume post of presidentship of government.
The third volume, titled Hoqooq AzZawjiyyah, is dedicated for discussing the rights of the wife and of the husband.
This book has an introduction and two subjects of discourse. The introduction sets forth for discussion the subject of discourse and considerable concepts like right "Haqq", judgement, and Nushooz "wife's disobedience and abstinence towards her husband". In it also it is stated that marriage contract has reciprocity and mutual responsibility on the part of the wife and the husband. For this issue he makes use of the verse "And they "women" have rights similar to those "of men" over them in kindness." and the Prophet's hadeeth: "You are all guardians and you are responsible for your subjects... and the man is a guardian over his household... and the woman is a guardian over house of her husband and his children..."
On this basis, the author concludes that each wife and husband are bound to observe the right of each other, as long as the other side undertaking his/her responsibilities. And whenever the wife or the husband violates her/his legal duties the Nushooz will be ascertained.
After the introduction, the topics of the book continue through two sections. The first one concerns the consequences of marriage contract for the husband, and the second one about consequences of marriage contract for the wife.
In the first section he discusses the fact that disobedience "nushooz" and obedience are two reciprocal matters, but what can be got from the outward of the Quran being illegality of Nushooz not obligation of obedience. The narrations indicating obligation of obedience are extracted from prohibition of Nushooz, not from the fact that the original duty "takleef" being obedience. On this basis, it is not that obedience of wife to her husband be absolutely obligatory. It is not to imagine that everywhere the husband be he can call his wife to account, to the effect that the husband had this right to do so, that is the reason why some confusion and obscurity is found sometimes in the debates of the Fuqaha.
For instance it is stated in a hadeeth that the wife can never pay alms out of her husband's house without his permission; This is not only a right for the husband, but rather it is a Divine imposition, that every individual has no right to take possession of property of another person without asking his permission.
Or if it is said in a hadeeth that the true jihaad "struggle" of the woman lies in tolerating her husband's annoyances, it does not mean that the husband has the right to harm or annoy his wife.
He then says: what can be inferred from the legal proofs being that the husband has, according to stipulation stated in marriage contract, two rights: one right to enjoyment and the other is right to musakanah "cohabitation" and living of the wife with him. Other than these two rights, all other things are either not his right or among requisites of these two rights.
After quoting some statements from the Fuqaha, he turns to citing eleven narrations, considering some of them in his last analysis to be of weak Sanad "chain", believing that the others have no utility other than the right to enjoyment and cohabitation.
He then starts a discussion about these two rights and their boundaries. In regard of right to enjoyment he says that the husband has the right to every kind of sexual enjoyment and exploitation, unless a legal or physical impediment be there like menstruation, fasting, or physical impotence... etc.
Concerning the right to cohabitation he says: The wife should live with the husband in a way that it can be said she is living in the husband's house. After that he sets forth the question of woman's going out the house without asking permission from her husband. He says that the Quran doesn't contain an evidence on incumbency of seeking permission of the husband, as the Quran propounds the issue of Nushooz "disobedience and abstinence", without clarifying in its verses with what this nushooz can be realised. In the end he says that the going out of the woman is forbidden in two cases: one when it being inconsistent with the right of enjoyment, and the other when it paves the way for perversion of the wife or others. In this case the husband has the right to forbid "her from going out", since the living together of wife and husband necessitates this. In other cases, if we admit the obligation of asking husband's permission on the part of the wife, it doesn't mean that the husband has the right all the time. The hadeeth reported by Abdallah Ibn Sinan denotes that a Christian man went on a journey in the Prophet's lifetime, making a covenant with his wife not to leave the house "during his absence". Then the wife's father felt sick and passed away, but the Messenger of Allah"S" never gave her permission to go out of her husband's house neither for visiting her father nor for attending his funeral ceremonies. About this hadeeth he says that it first disagrees with association in kindness to which the Quran prescribed. And secondly he regards it as a particular episode whose judgement can never be generalised. In the conclusion he says: right to enjoyment and right to cohabitation are stipulated by association "mu'asharat" in kindness to which the Quran has prescribed.
Other than these two rights, there is no right for the man, therefore what is seen in the words of some Fuqaha, with the general meaning, as obedience right, has no legal proof.
Likewise, the husband has no service right over his wife, the fact to which the original primary exigency and narrations invite. Rather there are some evidences indicating that the husband should provide his wife with a servant.
The second subject discussed in the book pertains to wife's rights over the husband. Two rights are believed to belong to the wife, one being the sexual right and the other right to living together which includes also alimony "nafaqah".
In respect of the first right, he considers the famous opinion to be incorrect, holding the view that all the sexual need of the husband should be met, just as the husband has such right over the wife. He regards limiting a period with four months or alike to be something incapable of being proved.
In the second right he believes that an amount of concession which is called in numerous traditions with the term ghufran "forgiveness", to be incumbent upon the husband, and to be something other than association in kindness to which the Quran commands.
He regards right to alimony to be another part of right to joint living, stating the reason for obligation of alimony to lie in the consummation "of marriage" and its actuation, with tamkeen "compliance and submission by wife".
The fourth volume is dedicated for employment of women. The reason he gives for propounding this subject being the two extremist viewpoints in respect of confining the wife inside the house and her going out from the house. But he believes that religion being neither a dress that can be changed according to carnal desires, nor a fetter and chain on the hands and legs of man. Rather religion is the straight path, and the Faqeeh has to encounter these extremist views with openmindedness and realistic insight, with preserving the established principles of religion.
The author believes that the motive for woman's employment in the view of Islam is not to realise economic independence but rather being one of these two: compensation for the economic shortcomings of the family, and performing the social duties to which Islam refers under the title of kifa'i duties.
For accomplishing the second issue, he initiates the discussion by turning firstly to its inherent legitimacy, and in the second place propounding for argument its essentials like intercourse or incompatibility with the husband's right. For the first position he relies on the generalities of the Quran, the "Prophetic" Sunnah and special narrations, inferring the result that the woman is permitted to work.
In the second place, he says that mixture "ikhtilaat" transgresses sometimes the legal regulations necessitating forbidden things, and some other times it being not so, whereas intercourse between woman and man with observing the standards is not legally forbidden, considering the legal restrictions for mixture between woman and man inside offices and work places to lie in the following points: · Covering;
· Lowering the gaze;
· Avoiding seducing conversation;
· Abstinence from solitude with a foreign woman.
In respect of inconsistency with rights of the husband, what is accepted also being right to enjoyment and cohabitation, beyond which the husband has no right.
The conclusion of that is as follows:
· The husband has no absolute obedience right "over the wife".
· The husband has no right of willingness to service on the part of his wife.
· The husband has no dominance on his wife's properties.
· The husband has no authority over his wife's leisure times and opportunities.
In the end of this brief report, I find it proper to refer to some points:
· Among the subjects discussed and propounded in this book, there being the question of woman's looking at a foreign man and woman's competence to governorship, which were never given good attention in that extension and independence in the Shi'ah Fiqh. In fact, the author has priority over others in setting forth this issue. It is hoped that this work will open the door wide for other profound investigations and researchers.
· The author has made - within this book - several references to some of fiqhi and osooli principles and foundations, which worth study and contemplation on the part of scholars and researchers of Islamic sciences.
Common law Authority
The author in this connection holds that common law can be sometimes authority of legislation and some other times authority of interpretation. In the first part, he considers common law of time of legislator to be the criterion and should be recognised. In the second part, he regards common law of present time to be the basis and should be obtained. Confusing these two will verily entail numerous detriments. Then he shows some samples of these confusions and obscurities "vol.I, pp.4347".
Examples & Stories from the Quran
The author believes that the Quranic examples and stories are a reference for legislation, in cases and areas where no special text "of the Quran" is found. With this view all the Shari'ah can have a reference and source in the Quran "vol.I, pp.3941".
Authority of Signs
The author presents a new opinion on authority of signs, saying that the legal signs and arguments "hujaj", like decisiveness, have inherent authority, needing therefore no legal consideration. The proofs cited in the Shari'ah, which are based on forgery of authority, are guidance to reasonable stanchions, the basis on which he regards the wellknown principle in argumentation of signs to be vulnerable to criticism "vol.I, pp.170178".
Precaution In Fatwa & Behaviour
The author deems the Faqih to be dutybound to issue allowance verdicts in cases of legal permission. For him Fatwa to precaution "ihtiyat" in such cases to be a kind of denial of God's judgement, considering the justification that giving verdict to allowance causes leniency in religion, to be something disapproved "vol.I, pp.234239".
Method of Legislation
The holy lawgiver adopts, in legislating significant issues, method of supervision and explicitness. Legislation in a permissible case or in the interim of another issue, is not proportionate with important legal precepts. The author, on this basis, criticises some narrations on woman's incompetence to be in charge of government "vol.II, pp.8485&p. 114".
Jurisdiction of Practical Principles
The author believes that the important issues in the Shari'ah that are founded on a practical principle, can never be neglected, but rather the legislator has manifested the judgement, with all its particulars, in respect of such issues, in a way that it can reach all the Ummah.
These were the considerable foundations to which the author paid attention between the lines of the book, and from which he got a good result. If some points were given attention in this book, the style of writing would have been more precise, logically arranged and explanative. Herewith I refer to some of these points:
1. In the prelude it was proper for the author to dedicate a separate portion for "method of research in woman's affairs." putting other scattered texts on woman's affairs, or authority of common low, or objective of Quranic stories or other principles in the footnote of this part.
2. The subject of woman's gazing at the man contains some obscure points, and the reader cannot recognise explicitly the author's opinion or what he intends to say. For instance when he says: "so much is certain of permission of woman's looking at the man being looking at face, two hands, two feet, two ears and neck" "vol.I, p.270", can we understand from this expression that the woman is allowed also to look at the hair of a foreign man or not?... Therefore, in my opinion, this subject "of discourse" needed more explanation, exposition and clarification.
3. Some of the inferences, especially in subject of "woman's competence to undertake governorship" needed more precision. This topic seems to be more explicit in the answers it derives from the narrations "vol.II, pp.8284".
4. In the subjects of the second volume, it seems that the author has overlooked a few of sources like: "Risalah Badi'ah Fi Tafsir Ayat ArRijal Qawwamun 'Ala AnNisa" "A wonderful treatise in interpreting the verse "Men are in charge of Women"", and others.
Al-Mar'ah Fil-Fikr Al-Islami
By Jamaal Mohammed Haqqi Rasool Al-Bajuri
1st edition: General Secretariat for Culture and Youths in Kurdistan, Iraq, 1406H1986" two volumes, 286+255 pages.
This book constituted a part of Master thesis of the author in Baghdad University, of which he defended in 1985. This work is constituted of an introduction and two sections.
In the introduction he reiterates the situation of the woman in the past communities and religions.
In the first section, he discusses the subject of the woman in the Islamic thought, and in the second section, he broaches new questions related to woman.
· The first section has three chapters:
1. Natural characteristics of woman;
2. Woman's rights in the house and society;
3. Woman's duties in the house and society.
· The second section has also three chapters:
1. Social issues; 2. legal issues; 3. political issues.
Herewith I give a brief account of the two sections.
In chapter one of the first section he considers the intrinsic and natural characteristics of woman to lie in power, capability, and the man's superiority over the woman "the author regards the man to be superior to the woman in faculty of reason and strength of body, and it is surprising that he deems this to be one of woman's intrinsic traits".
In continuation, he considers pudency, deceit, ornament, compassion, and kindness as special morals of the woman.
In chapter two, which is dedicated for rights, he presents a theoretical discussion on baab of rights, talking about humanity of the woman and her equality with the man. In respect of humanity he resorts to some Quranic verses and woman's participation in rulings. In regard of equality he refers to equality in belief and faith, performing good deeds, ownership, marriage, learning and education between the man and woman.
In the meantime, in the continuation of the discussion, he enumerates the differences between woman and man in worships, some of financial duties like alimony, inheritance, and guardianship. He deems qualification to be one of traces of humanity and equality between woman and man, maintaining certain dimensions for it like religious, economical, social and family qualifications.
The other trace he believes to be employment which is permitted in itself but due to social and sentimental irreparable detriments he considers it to be something unnecessary. In regard of choosing the spouse and capability, he considers it as a right for the woman.
In the third chapter, he discusses the duties that to be performed by the woman. The first duty on her part is staying at home. The belief held by him being that the legislation of this precept was on the basis of women's condition, not that this precept was ordained exclusively for the Prophet's wives.
Of course he recommends retirement at home on the part of woman, for the sake of undertaking housekeeping in the best manner. In the continuation of this issue, he points out the wife's obedience to her husband, which being a result of men's authority over women. The author declares that men's authority "over women" never means their despotism or obstinacy.
The second duty of the wife is hijaab "covering", that is the woman is prescribed to lower her gaze from looking at a foreign man and cover her body with a wide clothing. He says that the necessary limit of covering being veiling all the body except the face and two hands up to the wrist.
The last question in this chapter being polygamy and marrying more than one wife. He presents a short history of this practice among ancient nations, believing that it was so current among advanced nations, being approved and modified by Islam. He then sets forth for discussion the factors leading to legislation of the rule.
The second section is allocated exclusively for introducing new issues, in three fields: social, legal and political.
In chapter one, which is concerning social issues, he refers to issue of education of women which he deems permissible according to some evidences. Then he says that Muslim thinkers have two viewpoints in this connection: a group believing in nonexistence of any difference between women and men in respect of education; and the other group binding themselves with some restrictions and limitations, with whom the author agrees.
The second issue is employment, in connection of which he states three views. A group believing that women's occupation in all fields of life to be permissible or rather necessary. The second group believing in forbiddance of every kind of work and business on the part of the woman, outside the house. The third group, including the author himself, believing that the social conditions require the women to go out the house but stipulating certain provisions and limits for this practice. Then he turns to military business for women, saying that fighting is forbidden for women, but all other works related to war being permissible for women, citing evidences from the reporting and practical "Prophet's" Sunnah. He turns then to talk about the right of providing security to women, like men, for disbelievers to be fought, regarding this to be a privilege given by Islam to the woman.
In continuation of this subject, he turns to giving a share to women from war spoils, believing in women's right to take a share, against those believing in forbiddance of such thing.
The third subject set forth for discussion, is the hijaab "veil". The author holds that propounding novel issues on the part of the Western thinkers in connection to issue of hijaab is divided into three parts. A group believing that hijaab means staying in the house and this being a special feature for the Prophet's wives. Generalising this prescription to other women is a sediment from other nations, that the Muslim women are allowed to frequent among crowds with bare hands up to the wrists and uncovered face. This view is held by Qaasim Ameen and other writers.
The other group holds that out of Islamic texts it can be deduced that the Islamic Law permits going to and fro by women outside the house, with uncovered face and hands up to the wrist. The third group believing that the best shelter for women being home and family, and women's going out of the house with uncovered face and bare hand is allowed only in emergent and exigent cases.
In chapter two he sets forth legal issues, initiating the discourse with question of marrying the children by their guardians, considering it, contrary to opinion of the Sunni Fuqaha, to be something inadmissible. Also regarding the question of great difference in age between woman and man in time of marriage, which is done sometimes by coercion on the part of family of the woman, he considers it a rejected habit.
The second subject of discourse in this chapter being the issue of polygamy, in regard of which he cites three views. Some Fuqaha, like Mohammed Abduh, permit it conditioned to exigency and with the judge's decision, seeing this opinion to exist in laws of so many Arab countries.
Another group considering polygamy to be totally inadmissible, believes that Islam wanted to prevent it step by step. Of course the author believes that polygamy is something allowed in Islam.
The third subject of this chapter being population control, which he set forth for debate in four topics. First he talks about the legal rule of isolation "'azl", admitting the third view of these three: prohibition, allowance and aversion.
The second topic being extermination of offspring. The author says that every act entails extinction of issue is haraam "unlawful". The third topic is control of Nasl "seed", regarding which two views are there: Some deeming the government's action to control of procreation as unlawful, and some others deeming it permissible, and the author holds the first view. The last question in this topic being the abortion, concerning which he cites various verdicts.
The fourth topic of this chapter is the issue of guardianship and testimony on the part of woman. The Fuqaha consider the innate and acquired virtue of men to be the agent of guardianship. He then refutes the doubts that suspect the guardianship of the man, like that related to the period of mastership of men and slavery or related to era of ignorance of women, and the time when the women had no economic earning.
Then he turns to the issue that whether the realm of men's authority is limited to marital life or being vaster than this, regarding which he cites two views, believing in limitation of authority to marital life.
Regarding the question of woman's giving witness, he quotes several statements showing that a group of Fuqaha believing that limitation is confined to financial affairs, and other than this the generalities of proofs being a witness in force. Apart from the fact that this pertains to ordinary circumstances, and in exigent cases the women's testimony is approved like that of men, as the witness of people of Scripture "Ahlal-Kitab" is approved.
The fifth topic being custody "hazaanah". The important point in this subject is the fact that custody is regarded mother's right, and in respect of expiry of custody "period" of mother, he prefers the court's decision from among various opinions.
The sixth topic is divorce. In this connection, the author, from the two opinions, whether divorce being the husband's right or that the judicial device should intervene, approves of the first opinion that it is the husband's right seeing no room for interference of a judge.
The seventh topic is inheritance by the wife. He refutes four suspicions raised by critics of woman's inheritance.
Chapter three is allocated for political topics. The first issue set for discussion in this chapter is the issue of women's participation in elections, citing two views of opposers and supporters, with criticising them with evidences. But in the end he accepts permission to women's participation in elections.
In respect of post of minister, he repeats first the meaning of ministry in the past and at present, turning then to cite the views of supporters and opposers with the proofs the both have presented. The author is of the opinion that there should be distinction among the ministries, since some of them agree with woman's affairs and some are not compatible, thus there being two views, the first of which being totally disapproved.
He considers women's being ambassadors among countries to be impermissible, because, in his view, this job necessitates things that are incompatible with a Muslim woman's nature and position.
Concerning women's judgeship, he quotes three views: a group believing in incompetence of woman for judgeship "being a judge", another group deeming woman's judgeship to be absolutely right, and the author believing judgeship to be permissible on part of women in cases other than punishment limits "hodood" and retaliation "qisaas".
The author regards the woman's undertaking jurisdiction affairs to be forbidden, deeming such work to be unfit and incompatible with woman's duties in the house, her kindness and her mercy. Also he believes that woman's assuming state presidentship to be unfit for woman's conditions.
Jami' Masaanid An-Nisa Wa Dhikrihinnah Wa Ahwalihinna
By Ibraaheem Mohammed Al-Jamal
First edition: Ad-Daar Al-Misriyyah Al-Lubnaaniyyah, Cairo, 1412H/1992AD". In two volumes, 307+320 pages.
Woman's human evolution under the auspices of the Divine Shari'ah - Islam - is unquestionable. And the human areas spread by the Messenger of Allah"S" before the women can never be compared to the past time. Women's human maturity in two arenas, knowledge and moral behaviour, is something liable to investigation and proving. It can be found in the Quran, the Prophetic Sunnah and history of first era of Islam, and can be also debated in other stages of Muslims' history.
The holy Quran has opened and clarified the way of moral behaviour before the women to the extent that it remembering Mary and wife of Pharaoh as two examples and patterns for all believers "66:1112". Also it praised Mary with the most exalted terms "He hath chosen thee and made thee pure". "3:42"
This manifestation of the Quran was so profitable that several gnostic and ascetic women shone throughout Islamic history. AbuAbd ArRahmaan Salmah "325412H." has compiled the book Dhikr An-Niswah AlMuta'abbidaat As-Sufiyyahat, citing in it names of eighty gnostic women. Abd Ar-Rahmaan Ibn Ahmad Jami' "817898H.", in his book Nafahat Al-Uns, 227 mentions names of gnostic women.
Women's perseverance on moral behaviour was so well-known that Az-Zuhri said in their description:
"No woman has ever apostatised after being faithful." 228
Further so many women have attained to the highest degrees of knowledge. This can be also deemd as indebted to recommendations of the Quran and the Prophet's invitation to reservation of knowledge on part of women: "Seeking knowledge is a duty incumbent upon every Muslim man and Muslim woman." 229 In this connection, learning, writing, narrating, scrutiny in sciences of Quran, hadeeth, Fiqh, and Osool, and alike are considered to be parts of this arena.
Here, under the pretext of introducing Jami' Masaanid An-Nisa, I am going to set forth an account of the narrative role of women. In other words, an effort will be exerted to reiterate their notable contribution in safeguarding and spreading the legacy of traditions.
Men scholars hold that the narration reported by a woman is not rejected because its being reported by a woman. In this connection Ash-Shawkaani said: "It is never reported from anyone of the Olamaa' that he disapproved any report by a woman due to her being a woman only, as many sunnahs have been approved and adopted by the Ummah, which were reported by one woman from among the Sahabah, the fact that can never be denied by anyone having the least
227. Nafahat Al-Uns, pp. 615-635.
228. Tahreer Al-Mar'ah Fi Asr Ar-Risaalah, vol. II, p. 423 quoted from Saheeh Al-Bukhari, vol. VI, p, 281.
229. Bihaar Al-Anwaar, vol. 117, HA, 54; Mustadrak Al-Wasa'il, vol. XVII.
knowledge of the Sunnah. 230
Also no scholar has ever rejected any hadeeth reported by a woman just because it is reported by a woman, since the Ummah approved so many traditions reported by a woman. More than this, he claims that Adh-Dhahabi has said: "It is never reported from any woman that she has ever falsified a hadeeth." 231
More than ten books were written with the title Musnad Fatimah or Mushaf Fatimah, containing narrations and speeches uttered by Fatimah Az-Zahra"A", the daughter of the Prophet"S".232 Also some other books with other titles were compiled in this field, like Nahj Al-Hayaat or Farhang Sukhanan Fatimah,233 and 'Awaalim Sayyidat AnNisa,234 and others.
Badr Ad-Deen Zarkashi "d.794" has produced the book Al-Ijabah Li Irad Ma Istadrakathu 'A'ishah 'Ala As-Sahaabah, 235 gathering in it all the narrations said by 'A'ishah in criticism of the Companions. In this book ninety traditions are recorded showing objection against the Sahabah.
He says that AdhDhahabi has compiled a book under the title Akhbar Umml-Mu'mineen. 236 Ibn Hajar Al-Asqallani "772852H." has also written a book calling It Musnad
230. Tahreer Al-Mar'ah, vol. I, p. 118, quoted from Mizan Al-'Itidaal, the introduction.
231. ibid., quoted from Nayl Al-Awtar, vol. VIII, p. 122.
232. Fatimah Dar Ainah Kitaab, pp. 322-325.
233. Nahj Al-Hayaat, by Mohammed Dashti.
234. 'Awaalim Sayyidat An-Nisa, by Abdallah Al-Bahrani Al-Isfahani, pp. 279-634.
235. Al-Ijaabah (op. cit.) of BAdr Ad-Deen Zarkashi.
236. TAdhkirat Al-Huffaz, vol. I, p. 29; Mizan Al-'Itidaal, vol. I, (intr4oduction).
'A'ishah. 237 In the book Mawsu'at Ummahaat Al-Mu'mineen, 1470 traditions, which were reported by the Prophet's wives, are cited, categorised according to their subjects.238
Further there have been many women who were authorised to grant licenses with great men learning in their hadeeth schools. Ibn Hajar AlAsqallani holds eightyone shaykhs licenses that he got from women. Ibn 'Asaakir, also used to acquire hadeeth in a school "maktab" run by a woman called Fatimah bint Al-Manja. 239 Also Ibn Al-Arabi "560-638H." has got his narration license from Fakhr An-Nisa. 240 Further Al-Azhari and Al-Farra used to report hadeeth from a woman named UmmSalamah, and Al-Khatib Al-Baghdadi used to study Saheeh AlBukhari under a woman called Karimah, and he with Sama'nai studied the same book under another woman named Muruziyyah. Ibn Al-Jawzi also learnt Musnad Ash-Shafi'i under a woman called Fatimah bint Al-Husayn, and others. 241
In the contemporary history of Iran, the name of Lady Ameen is so notable. She has granted permits of narration to eminent dignitaries like Al-'Allamah Al-Amini, the author of Al-Ghadeer, and Ayatullah Al-Mara'shi An-Najafi.242
In many books on rijaal of the Shi'ah and Ahl As-Sunnah, a portion is allocated for exposing biography of woman narrators. As a sample I can refer to some Shi'i books:
1. Rijaal Ibn Dawood, by Ibn Dawood Al-Hilli, Ar-Razi publications, pp.222224, names of 22 woman narrators.
237. Musnad A'ishah, of Ibn HAjr Al-Asqallani.
238. Mawsu'at Ummahaat Al-Mu'mineen, of Abd As-Sabur Shaheen and Islah Abd As-Salam Ar-Rifa'i.
239. Dhikr An-NIswa Al-Muta'abbidaat, pp. 11-12.
240. Tarjuman Al-Ashwaq, by Ibn Al-Arabi, pp. 7-8.
241. Fusul an Al-Mar'ah, by Hadi Al-'Alawi, pp. 67-68.
242. Banoye Mujtahid Irani, pp. 113-116.
2. Tanqih Al-Maqal, by Abdallah Al-Mamaqani, Al-Murtazawiyyah press, Najaf, vol.III, pp.6983.
3. Mu'jam Rijaal Al-Hadeeth, by Ayatullah Al-Khui, Madinat Al-Ilm publications, vol.XXIII, pp.170201, names of 134 woman narrators.
4. 'Alaam An-Nisa AlMu'minaat, by Mohammed Al-Hassoon, Uswah publications, pp.687693, names of 148 woman narrators.
5. In the references of Rijaal "transmitters of hadeeth", a reference can be made to: Tahdheeb Al-Kamal, of Abul-Hajjaj, Daar Al-Fikr publications, Beirut, vol.XXII, pp.290503", containing names of 256 woman narrators.
Other than these, many separate books have been written in which names of woman narrators are recorded, like:
1. Muhaddithat Shi'ah, by Nahlah Gharawi Na'ini, University of Teachers Training, Tehran, 1996. This book is a Doctorate thesis exposing biography of 195 women narrators.
2. Zanan Danishmand Wa Rawi Hadeeth, by Ahmad Sadiqi Ardasdistani, Islamic Propagation Bureau, Qum, 1996. In this work, 176 women narrators of hadeeth were subjected to study and investigation.
Now I present a brief account on the book Jami' Masaanid An-Nisa. It is a name of a book in which traditions being reported that were collected by women. In this twovolume collection, 1752 unrepeated traditions are cited, of which 814 traditions appeared in volume I and 938 ones in volume II. Number of women who reported these traditions exceeded one hundred.
The books and references on which the author depended and from which he extracted the traditions, are twenty-eight. Here is their titles:
1. Saheeh Al-Bukhaari.
2. Saheeh Muslim.
3. Sunan Ibn Majah.
4. Saheeh Sunan Ibn Majah.
5. Mustadrak Al-Hakim.
6. Sunan Ad-Daraqutni.
7. Musanaf Ibn Abi Shaybah.
8. Saheeh Ibn Hayyan.
9. Saheeh Ibn Khuzaymah.
10. Musnad Ash-Shafi'i.
11. Musnad Abi Hanifah.
12. Musanaf Abd Ar-Razzaq.
13. Musnad Ad-Daarimi.
14. Hilyat Al-Awliya'.
15. Saheeh Ibn Awwanah.
16. Sunan Al-Bayhaqi.
17. Sunan Abi Dawood.
18. Sunan At-Tirmidhi.
19. Saheeh Abi Dawood.
20. Musnad Ahmad.
21. Al-Fath Ar-Rabbani.
22. Mawt'a' Imam Malik.
23. Ma'ajim AtTabarrani.
24. Musnad Abi Ya'la.
25. Musnad Al-Bazzaz.
26. Nayl AlAwtar.
27. Majma' AzZawa'id of AlHaythami.
28. Jami' AlOsool, of Ibn AlAthir.
The first part of this book contains the narrations taken from Saheeh AlBukhari and Saheeh Muslim, and in the second part other traditions are recorded. The order and classification of traditions are done in the same manner as that of Saheeh AlBukhaari.
The author claims that the traditions whose weakness was widely known have not been stated in this book "vol.II, p.8". In the introduction to volumes I & II a brief account on the most distinguished women narrators is introduced. Number of women whose biographies are shown was forty, of whom 27 names appeared in volume I and thirteen names in volume II. A short biography also of the Prophet's wives is given in the outset of volume I. In the footnotes the author mentions the sources of traditions, adding to them details about chain of transmission "sanad", narrators, and meaning of some words. He states that the traditions reported by 'A'ishah were 2210 ones "vol.I, p.11". In the conclusion of the book he gives indices of notable women "'Alaam", with parties and themes of the traditions, for facilitating its use for readers.
It is clear that this book, with this extensive shape, can be considered novel and taken as a reference and basis for better and stronger works. Hence the effort of the author deserves appreciation and applause.
The sources used in this book, after the holy Quran, are:
1. AlIjaabah Li Irad Ma Istadrakathu 'A'ishah 'Ala AsSahaabah, by Badr AdDeen AzZarkashi, revised by Sa'id AlAfani, 1st edition, AlHashimiyyah press, Damascus 2nd edition, AlMaktab AlIslami, Beirut, 1390H. /1970AD, in Arabic.
2. Ahkaam AlAwrah FilFiqh AlIslami.
3. Akhlaaq, Barroukh Espinozah, translated by Muhsin Jehangiri, in Persian.
4. Akhlaaq Dar Cheen Wa hind Bastan by I. Jamrah Shkeen, translated by Keywan, in Persian.
5. AlIsteea'ab, by Ibn Abd AlBarr, Daar AlJeel, Beirut, 1412H. /1992AD., in Arabic.
6. Usd AlGhaabah, by Ibn AlAthir, Dar Ihyaa AtTurath AlArabi, Beirut, in five volumes, in Arabic.
7. Anwaar AlMalakoot, in Arabic.
8. BanoyMujtahid Irani, by Nasir Baaqiri, Bidehindi, Islamic Propagation Bureau, Qum, 1992, in Persian.
9. Bihaar AlAnwaar, by Mohammed Baqir AlMajlisi, Islamiyyah Publications, Tehran, 110 volumes, in Arabic.
10. Bu'd Ijtimaa'i Islam, by Mohammed Isfandyari, 1st edition, Khurram pub., Qum, 1997, in Persian.
11. Bay'at AnNabi Lil Nisa', by Mohammed Ali Qutub.
12. Taareekh Dimashq "Taraajum AnNisa", revision: Sukaynah AshShahaabi, in Arabic.
13. Taareekh Libas, Rout Trimozvile Kaks, translated by: Shireen Bozorgmehr, Toos, Tehran, 1993, in Persian.
14. Tibyaan "woman's status in Imaam Khumayni's thought", eighth volume, Foundation of organising and publishing Imaam Khumayni's works, Tehran.
15. Tahreer AlMar'ah Fi 'Asr ArRisaalah, by Abd AlHaleem Mohammed AbuShaqqah, Daar AlQalam, Kuwait, 1410H/1990AD., in Arabic.
16. Tahreer AlWaseelah, by Imaam AlKhumayni, Mu'assasat AnNashr AlIslami, Qum, in Arabic.
17. AtTahreer WatTanweer, in Arabic.
18. Tuhaf AlOqool, Ibn Shu'bah, 5th edition, Mu'assasat Al'Ala, Beirut, 1394H. /1974AD, in Arabic.
19. Tahawwul Farhangi Dar Jami'ah Pishrafta San'ati, Ronalah Ingehart, translated by Maryam Watar, in Persian.
20. Tazkirat AlHuffaz, by AdhDhahabi, Dar Ihyaa AtTurath AlArabi, in Arabic.
21. Tazkirat AlFuqaha, by Al'Allamah AlHilli, AlMaktabah ArRazawiyyah, Tehran, in two volumes, in Arabic.
22. Taraajum A'laam AnNisa'', by Mohammed Husayn Al'Alami, Mu'assasat Al'Alami Lil Matboo'at, Beirut, 1407H/1987AD., in Arabic.
23. Tarjuman AlAshwaq, by Ibn AlArabi.
24. Tasnif Ghurar AlHikam, by Mustafa AdDirayati, Maktab Al'Alaam AlIslami, Qum, in Arabic.
25. Tafseer AlMuraghi, by Ahmad Mustafa AlMuraghi, Dar
Ihyaa AtTuraath AlArabi, Beirut, in Arabic.
26. AtTafseer AlMuneer, by Wahbah AzZuhayli, 1st edition, Daar AlFikr, Damascus, 1411H/1991AD, in Arabic.
27. Tafseer AlImaam AlAskari"A", Madrasat AlImaam AlMahdi, Qum, 1409H, in Arabic.
28. AtTawheed, by AshShaykh AsSadooq, AsSadooq Library, Tehran, in Arabic.
29. AlJami' AsSagheer "Sunan AtTirmidhi", revised by: Ahmad Mohammed Shakir, Daar Ihyaa AtTuraath AlArabi, Beirut, in five volumes, in Arabic.
30. Jaygaah Zan Dar Qanoon, Women's Affairs Bureau in President Office, Tehran, 1994, in Persian.
31. Jara'im AlAdab Al'Ammah, by Mohammed Ahmad Abideen Mohammed Hamah AlQamhawi.
32. Jawahir AlKalam, by Mohammed Hasan AnNajafi, Daar AlKutub AlIslamiyyah, Tehran, 43 volumes, in Arabic.
33. Juhud AlMar'ah Fi Nashr AlHadeeth, by Salih Yousif Ma'tuq, Daar AlBashaa'ir AlIslamiyyah, Beirut, 1418H/1997AD., in Arabic.
34. AlHayaat, by Mohammed Riza AlHakeemi Mohammed AlHakeemi and Ali AlHakeemi, Islamic Publications Bureau, Qum, in Arabic.
35. Da'irat AlMa'arif AlIslamiyyah AshShi'iyyah, by Hasan AlAmeen, Beirut, 1393H/1973AD, in Arabic.
36. AdhDhari'ah Ila Tasaaneef AshShi'ah, by AshShaykh Aga Buzurg AtTehraani, AlMaktabah AlIslamiyyah, Tehran, in Arabic.
37. Zikr AnNiswah AlMuta'abbidaat AsSufiyyat, by AbuAbd ArRahmaan AsSalami, revised by: Mahmud Mohammed AsSanahi, 1st edition, AlKhanji Library, Cairo, 1413H/1993AD.
38. Rejal AnNajaashi, AdDawari Library, Qum, in Arabic.
39. Rooh AlBayaan, by Ismaa'il Brousi, AlJa'fari Library, Tehran, in Arabic.
40. Rooh AdDeen AlIslami, by Afeef Abd AlFattah Tabbarah.
41. Zanashui Wa Akhlaaq, in Persian.
42. Zan Bi Zan, Taareekh Banafshah Hijazi, Nashr Shahr Ashub, 1991, in Persian.
43. Zan Wa Ayinah Jalaal Wa Jamal, by Abdallah Jawadi Amuli, 2nd edition, Isra Publications, Qum, 1418H/1998AD, in Persian.
44. Zan Wa Payamawari, by Murtaza Faheem Kermani, 1st edition, Farhang Islami Publications, Tehran, 1992, in Persian.
45. Silsilat AlAhaadeeth AsSaheehah, by Nasir AdDeen AlAlbani, 4th edition, AlMaktab AlIslami, Beirut, 1405H/1985AD, in Arabic.
46. Silsilat AlAhaadeeth AzZa'ifah WalMawzu'ah, by Mohammed Nasir AdDeen AlAlbani, Maktabat AlMa'arif, ArRiyad, 1412H/1992AD, in Arabic.
47. Sunan Ibn Maaja, by Abu Abdallah Mohammed Ibn Yazid AlQazweeni, Daar Ihyaa AtTurath AlArabi, 1395H/1975AD, in Arabic.
48. Sunan Abi Dawood, by Sulayman Ibn Ash'ath AsSijistani, Daar Ihyaa AsSunnah AnNabawiyyah, in four volumes, in Arabic. 49. Simaay Zan Dar Farhang Iran, by Jalaal Sattari, Nashr Markaz, Tehran, 1994, in Persian.
50. Sharh Qaysari Bar Fusus AlHikam, in Persian.
51. Shnaasnaameh Matbu'at Iran, in Persian.
52. Saheeh AlBukhaari, of AlImaam AlBukhari, Daar AlJeel, Beirut, 9 volumes, in Arabic.
53. Saheeh Muslim, exposition by AnNawawi, 2nd edition, Daar Ihyaa AtTuraath AlArabi, Beirut, 1392H/1972AD, 18 volumes, in Arabic.
54. AtTabaqaat AlKubra, by Ibn Sad, Dar Beirut, Beirut, 1405H/1985AD, 8 volumes, in Arabic.
55. Awaalim Sayyidat AnNisa', by Abdallah AlBahrani AlIsfahani, AlImaam AlMahdi Foundation, Qum.
56. Uyoon AlAkhbar, by Ibn Qutaybah, Manshoorat AshShareef ArRazi, Qum, 1415H/1994AD, in Arabic.
57. Fatimah Dar Ayinah Kitaab, by Isma'il Ansari Zanjani, 2nd edition, AlHaadi Publications, Qum, 1996, in Persian.
58. Fatawa Ibn Taymiyyah, in Arabic.
59. Fath AlBaari, by Ibn Hajar AlAsqallani, 1st edition, Daar AlKutub Al'Ilmiyyah, Beirut, 1410H, 13 volumes, in Arabic.
60. Fusul 'An AlMar'ah, by Hadi Al'Alawi, Daar AlKunooz AlAdabiyyah, Beirut, 1996AD, in Arabic.
61. Fihrist Kitabkhanah Markazi Danishgah, in Persian.
62. AlFihrist, of Ibn AnNadeem, revised by: Riza Tajaddud, Muhaqqiq Publications, 1350H, in Arabic.
63. Fihrist Mawzu'i Kutub Wa Maqalat Dar Bara Zan, Ministry of Islamic Guidance, 2nd edition, Tehran, 1986, in Persian.
64. Fi Zilaal AlQuran, by Sayyid Qutub, 6th edition, Daar Ihyaa AtTurath AlArabi, Beirut, 1391H/1971AD, in Arabic.
65. AlKafi, of Mohammed Ibn Yaqoob AlKulayni, Daar AlKutub AlIslamiyyah, Tehran, 8 volumes, in Arabic.
66. Kitabshinasi Athar Mazhabi Zanan Irani, Majid FarrukhZadah, Mutahhar Publications, Tehran, 1994, in Persian.
67. Kitaab Muqaddas, Society of distribution of sacred books among nations, in Persian.
68. AlKitaab AlMuqaddas, 1st edition, Holy Book Society in Lebanon, 1993, in Arabic.
69. Kitabnamah Zan, index of books written and translated by women, "19791995", Researching Department in AzZahra University, Tehran, 1995, in Persian.
70. Kashf AzZunoon, by Hajji Khalifah, Daar AlKutub Al'Ilmiyyah, Beirut, 1413H/1992AD, in Arabic.
71. Kanz AlUmmal, by Ala' AdDeen AlHindi, ArRisaalah Foundation, Beirut, 1409H/1989AD, in Arabic.
72. AlLibaas WazZeenah Min AsSunnah AlMutahhrah, by Mohammed AbdAlHakeem AlQazi, Daar AlHadeeth, Cairo, 1409H/1989AD, in Arabic.
73. Lisaan AlArab, by Ibn Manzoor, 2nd edition, Daar Ihyaa AtTurath AlArabi, Beirut, 1413H/1992AD, in Arabic.
74. Majma' AlBayan, by AbuAli AtTabrsi, AlMaktabah Al'Ilmiyyah AlIslamiyyah, Tehran, 5 volumes, in Arabic.
75. Majma' AzZawaa'id, by Noor AdDeen AlHaythami, 3rd edition, Daar AlKitaab AlArabi, Beirut, 1402H, 10 volumes, in Arabic.
76. AlMahajjah AlBayzaa, by Muhsin AlKashani, Islamic Publications Bureau, Qum, 8 volumes, in Arabic.
77. Mukhtasar Taareekh Dimashq, by Ibn Manzoor, Daar AlFikr, Damascus, 14041410H, 29 volumes, in Arabic.
78. AlMar'ah AlArabiyyah Fi AdDeen WalMujtam'a, by Husayn AlAwrat, AlAhali Press and Publications, Damascus, 1996AD, in Arabic.
79. Mas'alah Hijaab, by Murtaza Mutahhari, 42nd edition, Sadra Publications, Tehran, 1995AD, in Persian.
80. Mustadrak AlWasa'il, by Husayn Noori, Ismaa'iliyan Publications, Qum, 3 volumes, in Arabic.
81. Musnad Ahmad, of AlImaam Ahmad, AlMaktab AlIslami, Beirut, 1389H/1969AD, 6 volumes, in Arabic.
82. Musnad 'A'ishah, by Ibn Hajar AlAsqallani, 1st edition, Maktabat AsSunnah, Cairo, 1416H/1995AD, in Arabic.
83. Masadir AnNizam AlIslami, vol.VI, "woman and family", by Abd AlJabbaar ArRifa'i.
84. Masadir Nahj AlBalaghah Wa Asaaneeduha, 3rd edition, by Sayyid Abd AzZahra AlHusayni, Daar AlAzwa, Beirut, 1405H/1985AD, in Arabic.
85. AlMisbaah AlMuneer, by AlFayyumi, 1347H/1929AD, 2 volumes, in Arabic.
86. Matbu'at Iran, in Persian.
87. Mu'jam Rijaal AlHadeeth, of Ayatullah AlKhui, 4th edition, Madinat Al'Ilm, Beirut, 1409H/1989AD, 23 volumes, in Arabic.
88. AlMufassal Fi Ahkaam AlMar'ah WalBayt AlMuslim, by Abd AlKareem Zaydaan, 2nd edition, ArRisaalah Foundation, Beirut, 1415H/1994AD, 11 volumes, in Arabic.
89. AlMufassal Fi Taareekh AlArab Qabl AlIslam, by Jawad Ali, Daar AlIlm, Beirut, 11 volumes, in Arabic.
90. Mukaalamaat Kenfosios.
91. Mawsu'at Atraaf AlHadeeth AnNabawi, by Mohammed Zaghlool, Daar AlFikr, Beirut, 1410H/1989AD, in Arabic.
92. Mawsu'at Ummahaat AlMu'mineen, by Abd AsSabur Shaheen, and Islah Abd AsSalam ArRifa'i, 1st edition, AzZahra Publications, Cairo, 1412H/1991AD, in Arabic.
93. AlMahatma Gandi.
94. Mizan Al'Itidaal, by Shams AdDeen AdhDhahabi, Daar AlKutub Al'Ilmiyyah, Beirut, 1416H/1995AD, 7 volumes, in Arabic.
95. Mizan AlHikmah, by Mohammed Mahdi ReyShahri, Daar AlHadeeth, Tehran, 1416H/1995AD, 5 volumes, in Arabic.
96. AlMizaan Fi Tafseer AlQuran, by Mohammed Husayn AtTabataba'i, Al'Alami Foundation, Beirut, 1403H/1983AD, 20 volumes, in Arabic.
97. Nashr AdDurr, by AbuSa'id Mansoor AlHasan AlAbi "d.421H", AlHayaat AlMisriyyah Al'Ammah LilKitab, Cairo, 1989AD, 6 volumes, in Arabic.
98. Nizam Hoqooq Zan Dar Islam, by Murtaza Mutahhari, 14th edition, Sadra Publications, Tehran, 1990, in Persian.
99. Nafahat AlUns, by Abd ArRahmaan Ibn Ahmad Jami', revised by Mahdi Tawhidi Poor, Sa'di Bookshop, 1336H, in Persian.
100. Nahj AlHayaat or Farhang Sukhanan Fatimah, by Mohammed Dashti, Ameer AlMu'mineen Researches Foundation, Qum, 1993, in Persian.
101. Wasa'il AshShi'ah, by Mohammed Ibn AlHasan AlHurr AlAmili, AlMaktabah AlIslamiyyah, Tehran, 20 volumes, in Arabic.
102. Wafayaat Al'Ayaan, by Ibn Khalkan, Daar Sadir, Beirut, in Arabic.
Journals & Newspapers
1. Ayinah Pijohish, bimonthly, Islamic Propagation Bureau, Theological School in Qum, in Persian.
2. Payam Zan, a monthly, Islamic Propagation Bureau, Theological School in Qum, in Persian.
3. Hawzah, bimonthly, Islamic Propagation Bureau, Theological School in Qum, in Persian.
4. Risalat AlIslam, a quarterly, Rapprochement Centre between Islamic Schools, Cairo, in Arabic. "not published any more".
5. Kolak, an art cultural monthly of Mir Kisrah Hajj Sayyid Jawadi, in Persian.
6. Goftogo, a quarterly, Riza Thaqafi, in Persian.
7. Nada, a quarterly, Women Society of Iran, in Persian.
8. Noor 'Ilm, bimonthly, Clergy Society of Theological School in Qum, in Persian. "not published any more".
9. Neema Digar, a quarterly, a cultural political and social journal for women.
10. Hamshahri, morning daily in Iran, issued by Tehran Municipality, in Persian.
Appeared in Fadak issue of Sha'ban 1420/1999
· When one marries a woman for her beauty only, Allah makes her beauty destruction for him.
· When one marries a woman for her wealth, Allah makes her wealth destruction for him.
· When one marries a woman for her social status, Allah makes her status destruction for him.
· When one marries a woman for her religion, then Allah given him all three encompasses in her beauty, wealth and social status.
A woman who adheres to the principles of Islam is required to follow the dress code called "hijaab". its other definitions are veil, pardah (cover, barrier) or just covering. it is an act of faith and establishes a Muslim's life with honour, respect and dignity. The hijaab is regarded as liberation for woman, in that the covering brings about as aura of respect and woman are recognised as individuals who are admired for their mind and personality. They are not judged by their beauty or its lack of and they are not treated as sex objects. The hijaab acts as a "barrier" between a woman and the opposite sex, although she retains her femininity, she does not display or exposes her sexuality.
When a woman follows the true Islam, she is free to be who she wants to be from within and express herself in her environment,whilst guaranteed to be immune from being portrayed as a sex symbol and lusted after. Islam exalts the status of a woman by commanding that she enjoys equal rights to those of a man in everything. She stands on an equal footing with man and both share mutual rights and obligations in all aspects of life.
· Islam believes that a woman is to be judged by her character and actions rather than by her looks or physical features.
The holy Quran teaches us that the only thing that makes one person better than the other is his or her character. In western world, the hijaab has come to symbolise either forced silence or unconscionable militancy. Actually, it is neither! It is simply a woman's assertion that judgement on her physical appearance is to play no role whatsoever in social interaction. When she covers herself, she puts herself on a higher level as her hijaab symbolises a religion and as a result men will tread cautiously in their approach and look upon her with respect. Instead of her physique and sexuality, she is being noticed for her intellect, faith and personality.
· A Muslim woman may wear whatsoever she pleases in the presence of her husband and family - parents, aunts & uncles, grandparents, brothers & sisters, nephews & nieces, motherinlaw, sons & daughters - and amongst other females. But when she goes out, or when foreign men (other than those mentioned above) are present, she should practice her hijaab by covering her hair and all parts of the body and not reveal her figure.
We cannot elaborate on this subject without mentioning the effects of western trends on today's young Muslim woman. Youngsters living in the west are alarmingly being influenced by their surroundings, peer pressure and ironically, by some ulamas who pretend to be shi'ah but distort its true teachings by confirming that such outfits comply with the Islamic dress code.
· Please be advised that jeans, pants and other tight revealing outfits are not the Islamic hijaab and neither are Nike or Tommy Hilfiger trendy Hijabs, bodytight outfits or bright and attractive colours.
They are, in fact, a bad excuse and misrepresentation of hijaab. The idea of an Islamic dress code is to refrain form displaying anything that is beautifying - wearing make - up and dressing inappropriately defies the objective of hijaab. You cannot change, modify or improve upon the Islamic hijaab unless it is for a better and a stricter one. Islam has clear guidelines for the minimum requirement of a woman's hijaab:
· You may ONLY show your face, hands up to the wrist, and the bottom of your feet. If a woman's face is seductively beautiful, she cannot show her face to strange men. This is it! You either agree and do your best to follow or disagree and lag behind in this world and more so in the next one - as the word "Islam" clearly states, "surrender" to your Creator and all the rules of Islam.
The practice of an Islamic dress code is a big contrast compared to the western fashion which evolves year to intentionally product more seductive and revealing outfits that expose yet newer part of the body for the public gaze! The intention of every western dress is to expose the figure and display its owner whilst the intention of the Muslim dress is to dignify its owner and conceal and cover her flesh, at least from the public. A woman in Islam, is considered as valuable and precious as a jewel and should therefore be kept like one - safe.
A Muslim woman does not feel the pressure to be beautiful or attractive. She dose not have to live up to the expectation of what is desirable and what is not. Superficial beauty for the public is not her concern. Her main goal is her inner beauty - she does not have to use her charms and vital statistics to progress or gain recognition within society.
Another benefit of the hijaab is protection.
· Muslims believe that when a woman displays her beauty, she degrades herself by becoming an object of sexual desire and consequently vulnerable to men who would look upon her as "gratification for their sexual desires."
The hijaab makes her out as a lady belonging to the class of modest chaste women and whilst she behaves accordingly, transgressors and sensual men recognise them as such and dare not tease out of mischief.
When a man receives mixed signals from the way a woman reveals her body, he may be misled to believe that she desires his advances. Hijaab solves the problems of sexual harassment and uninvited sexual advances which are greatly demeaning for woman.
According to the Quran, the same high standards of moral conduct are required from men as they are required from women. Islam also commands proper behaviour and dress code for men. They too must dress modestly and their special commandment is to lower their years and not to brazenly stare at women.
In Surat anNoor of the holy Quran, it says:
· "Say to the believing men that they should lower their gaze and guard their modesty; That will make for greater purity for them, and god is well acquainted with what they do}
If both sexes adhere to their individual Islamic dress codes, corruption would gradually diminish within society.