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Draft Constitution of the Khilafah State14 min readViewed 7 times

Article 112


The primary role of women is that she is a mother and responsible over the household and she is an honour that must be protected.

This article is derived from numerous evidences: firstly, the evidences which encourage marriage and that the woman has more rights in the nursing of the child. Secondly, the evidences which prohibit the woman from leaving her husband’s house without his permission and obligate her to serve her husband. Thirdly, the evidences regarding the Awrah (private parts of body that must be covered in public and in front of non-family members), the private sphere of life for her, the prohibition of khalwah (for an unrelated man and woman to be alone together in private space), the prohibition of the woman travelling without a close male relative and the prohibition of Tabarruj (beautification which attracts attention).

The first evidence has been mentioned in a narration from Anas that the Prophet (phuh) used to instruct people to be chaste, while vigorously prohibiting celibacy; he (phuh) said. .» تَ زَوَّجُوا الْوَدُ ودَ الْوَلُودَ، إِنِّي مُكَاثِرٌ بِكُمُ الأَنْبِيَاءَ ي وَْمَ الْقِيَامَةِ « .

“Marry from those who are tender and fertile, for indeed I will compete with the Prophet (phuh)s in your great numbers on the day of judgement” (reported by Ahmad with a Hasan chain). Ma’qal b. Yasar narrated.

. فَ قَالَ: إِنِّي أَصَ بْتُ امْرَأَةً ذَاتَ حَسَبٍ وَجَمَالٍ جَاءَ رَجُلٌ إِلَى النَّبِيِّ « وَإِن هََّا لاَ تَلِدُ أَفَأَتَ زَوَّجُهَا؟ قَالَ: لاَ، ثُمَّ أَتَاهُ الثَّانِيَةَ فَ نَ هَاهُ، ثُمَّ أَتَاهُ الثَّالِثَةَ فَ قَالَ: تَ زَوَّجُوا » الْ ودُودَ الْوَلُودَ فَإِنِّي مُكَاثِرٌ بِكُمُ الأُمَمَ .

“A man came to the Prophet (phuh) and said “I have found a woman who is beautiful and of noble descent, but she cannot bear children. Shall I marry her?” He said: “No”. Then he came to him again for the second time and he told him not to. Then he came to him a third time, so the Prophet (phuh) said “Marry those who are tender and fertile, for indeed I will compete against the other nations with your great numbers”” (reported by Abu Dawud and Ibn Hibban and Al-Hakim, who authenticated it). This indicates that the wisdom behind marriage and the intended result is childbirth, and he prohibited marrying a woman who was known by her fiancé to be barren, though this is a non-decisive prohibition due to the absence of an indication of decisiveness, as well as the evidences reported that permit withdrawal, in other words, for the sake of preventing pregnancy. From these evidences is what Muslim reported from Jabir who said.

.» فَ لَمْ يَ نْ هَنَا فَ ب لَغَ ذَلِكَ نَبِيَّ اللَّهِ كُنَّا نَ عْزِلُ عَلَى عَهْدِ رَسُولِ اللَّهِ « .

“We used to withdraw (practice coitus interruptus) at the time of the Messenger of Allah (pbuh) , and that reached the Messenger of Allah (pbuh) and he did not prohibit it”. So it is permitted to marry a woman who is barren, though it is preferable to marry those who can bear many as it is recommended in accordance with the previous narrations. In other words, the woman is primarily to be a mother, and then a wife and to have spousal relations in accordance with what the Shari’ah made permitted and recommended. Additionally, it is narrated from ‘Abd Allah b. Amr b. Al-‘Aas.

. أَنَّ امْرَأَةً قَالَتْ: يَا رَسُولَ اللَّهِ، إِنَّ ابْنِي هَذَا كَانَ بَطْنِي لَهُ وِعَاءً، وَثَدْيِي لَهُ « سِقَاءً، وَحِجْرِي لَهُ حِوَاءً، وَإِنَّ أَبَاهُ طَلَّقَنِي وَأَرَادَ أَنْ يَ نْ تَزِعَهُ مِنِّي، فَ قَالَ لَهَا رَسُولُ اللَّهِ » أَنْتِ أَحَقُّ بِهِ مَا لَمْ تَ نْكِحِي : .

“A woman said: “O Messenger of Allah, this is my son whom my stomach carried, my breast is a water-skin for him, and my lap is a guard for him. His father has divorced me and wants to take him away from me”. He said: “You have more right to him as long as you do not remarry”” (reported by Abu Dawud and Al-Hakim that authenticated it and Al-Dhahabi confirmed it). So the narration enumerated the various situations which occur between a mother and child, which indicates the importance of her motherhood, and he gave her custody. These two narrations indicate that the primary role of the woman is to be a mother, in addition to the rules related to pregnancy, birth and suckling the child.

As for the second evidence, it is narrated from Anas that a man travelled having prohibited his wife from leaving their home, and subsequently her father became ill and so she sought permission from the Messenger of Allah (pbuh) to visit him, and the Messenger (pbuh) said to her.

.» اتَّقِي اللَّهَ وَلاَ تُخَالِفِي زَوْجَكِ « .

“Fear Allah, do not disobey your husband” as mentioned by Ibn Qudamah in Al-Mughni. It is narrated from Abu Hurayrah that the Messenger of Allah (pbuh) said.

.» لاَ يَحِلُّ لِلْمَرْأَةِ أَنْ تَصُومَ وَزَوْجُهَا شَاهِدٌ إِلاَّ بِإِذْنِهِ « .

“It is not allowed for a woman to fast while her husband is present, unless she has his permission” (agreed upon narration). And it is narrated from Ibn ‘Abbas that the Prophet (phuh) said. .» وَمِنْ حَقِّ الزَّوْجِ عَلَى زَوْجَتِهِ أَنْ لاَ تَصُومَ تَطَوُّعاً إِلاَّ بِإِذْنِهِ « .

“The husband has a right over his wife that she does not undertake any voluntary fasting except with his permission” (reported by Al-Tabarani). The Shari’ah has given women the right to visit their father if they became ill, and the right to do voluntary fasting, but it made it subservient to the husband’s right over her, which indicates that the primary role is that she is responsible over the home.

Additionally, it is reported that the Prophet (phuh).

.» قَضَى عَلَى ابْ نَتِهِ فَاطِمَةَ بِخِدْمَةِ البَ يْتِ. وَعَلَى عَلِيٍّ مَا كَانَ خَارِجَ البَ يْتِ « .

“ruled that his daughter Fatima discharges housework, and ‘Ali the outdoor work” reported by Ibn Abi Shaybah from Damrah b. Habib, and although Abu Bakr Bin Maryam Al- Ghassani is in the chain of the narration, the meaning of it is in the narration which Ahmad reported in Al-Musnad with a Hasan chain from ‘Ali (ra) which mentioned:

. فَ قَالَ عَلِ ي رَضِيَ اللَّهُ عَنْهُ يَا رَسُولَ اللَّهِ وَاللَّهِ لَقَدْ سَنَ وْتُ حَتَّى اشْتَكَيْتُ ...« صَدْرِي وَقَالَتْ فَاطِمَةُ رَضِيَ اللَّهُ عَنْ هَا قَدْ طَحَنْتُ حَتَّى مَجَلَتْ يَدَايَ وَقَدْ جَاءَكَ اللَّهُ بِسَبْيٍ وَسَعَةٍ فَأَخْدِمْنَا... ثُمَّ قَالَ أَلا أُخْ بِرُكُمَا بِخَيْرٍ مِمَّا سَأَلْتُمَانِي قَالَا بَ لَى فَ قَالَ كَلِمَاتٌ عَلَّمَنِيهِنَّ جِبْرِيلُ عَلَيْهِ السَّلَام فَ قَالَ تُسَبِّحَانِ فِي دُبُرِ كُلِّ صَلَاةٍ عَشْرًا وَتَحْمَدَانِ عَشْرًا وَتُكَبِّ رَانِ عَشْرًا وَإِذَا أَوَيْ تُمَا إِلَى فِرَاشِكُمَا ف سَبِّحَا ثَلَاثًا وَثَلَاثِينَ وَاحْمَدَا ثَلَاثًا وَثَلَاثِينَ وَكَبِّ رَا أَرْبَ عًا وَثَلَاثِينَ قَالَ فَ وَاللَّهِ مَا تَ رَكْتُ هُنَّ مُنْذُ عَلَّمَنِيهِنَّ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَ لَيْهِ وَسَلَّمَ قَالَ فَ قَالَ لَهُ ابْنُ الْكَوَّاءِ وَلَا لَيْ ل ةَ صِفِّينَ فَ قَالَ قَاتَ لَكُمْ اللَّهُ يَا أَهْلَ الْعِرَاقِ نَ عَمْ » وَلَا لَيْ لَةَ صِفِّينَ .

“….and so ‘Ali said: O Messenger of Allah, I swear by Allah I irrigated the land until my chest hurt, and Fatima said I have grinded flour until my hands got blisters, and Allah has brought you many captives so help us (in this work)…So he said: should I inform you of something which is better than what you asked me? They said yes. He said: Some words which Jibril taught me: After each prayer Say Glory to Allah (sabih) ten times, Praise be to Allah (hamd) ten times, and Allah is Great (Kabbir) ten times, and when you go to bed then Sabih, and Hamd thirty three times each and Kabbir thirty four times. I swear by Allah, I did not leave doing that from the time that the Messenger of Allah (pbuh) taught me. Then Ibn Al-Kawa asked him: Not even on the night of Siffin (the battle with Mu’awiyah)? So he replied: May Allah fight you O people of Iraq, Yes, not even on the night of Siffin”.

In this report the Messenger (pbuh) did not blame Ali (ra) for working on the irrigation outdoors, nor Fatimah (ra) for grinding flour indoors, but rather gave them some words which would make the difficulty of life easier for them, and be of more benefit and lasting to them in the hereafter.

Similarly the narration indicates the obligation of the work of the woman in her house, and the man’s work outside of it, since the request for a servant is an evidence of the difficulty of the work upon her inside and him outside, and if these issues were not obligatory upon them there would be no indication from the difficulty of the work, in which case there would be no difficulty and no hardship, if it was not obligatory.

This is from the angle of what is understood from the narration of Ahmad as a support for the narration of Ibn Abi Shaybah.

Also Abu Hanifah used the narration, as did a number of jurists, such as Abu Bakr Bin Abi Shaybah who reported the narration, as well as Abu Ishaq Al-Jurjani who also reported the narration through numerous chains as mentioned by the author of Al-Mughni, though he (ibn Qudama) did not use it himself.

In the same way Ibn Habib Al-Maliki in Al-Wadiha took the narration and used it. Ibn Hajar mentioned in Fateh Al-Bari: “And Ibn Habib reported from Asbagh and Ibn Al-Majishun from Malik that the housework is obliged upon the woman, even she was noble, if her husband was not financially able to pay (for a servant). He said: and for that reason the Prophet (phuh) obliged Fatima with the indoor work and Ali the outdoor”.

Based upon that we take the mentioned narration of Ibn Abi Shaybah.

. » قَضَى عَلَى ابْ نَتِهِ فَاطِمَةَ بِخِدْمَةِ البَ يْتِ. وَعَلَى عَلِيٍّ مَا كَانَ خَارِجَ البَ يْتِ « .

“he ruled his daughter Fatima with the housework, and Ali with the outdoor work”.

And he used to order his wives to help him. Muslim reported from 'Aisha (ra) the mother of the believers that the Messenger of Allah (pbuh) said.

.» يَا عَائِشَةُ هَلُمِّي الْمُدْيَةَ، ثُمَّ قَالَ اشْحَذِيهَا بِحَجَرٍ فَ فَعَلَتْ « .

“O 'Aisha, bring the knife and sharpen it with a stone”. And Ahmad reported with an authentic chain from Ya’ish b. Takhfa Bin Qays Al-Ghifari who said my father was from the Al- Suffa (poor people at the time of the Prophet (phuh) )…until he mentioned.

. فَانْطَلَقْنَا مَعَهُ إِلَى بَ يْتِ عَائِشَةَ، فَ قَالَ: يَا عَائِشَةُ، أَطْعِمِينَا ... ثُمَّ قَالَ: يَا « » عَائِشَةُ، اسْ قِينَا .

“So we went with him to the house of 'Aisha, so he said: O 'Aisha, feed us, ... then he said, O 'Aisha, bring us drinks”. If serving him conflicted with any action that the Shari’ah made Mubah (permitted) for her, such as trade, or anything recommended, such as recommended prayers, then serving him is preferred. So it would be upon her to leave behind the optional and recommended actions and instead serve him. These two evidences are proof that the primary role for the woman is to be responsible for the household.

As for the third evidence, the Prophet (phuh) said.

. إِنَّ الْجَارِيَةَ إِذَا حَاضَتْ لَمْ يَصْلُحْ أَنْ ي رَُى مِنْ هَا إِلاَّ وَجْهُهَا وَيَدَاهَا إِلَى « » المِفْصَلِ .

“If a girl reaches puberty (indicated by starting menstrual cycle), it is not correct that any part of her be seen other than her face and her two hands up to the wrists” reported by Abu Dawud as a Mursal narration from Qatadah, and Qatadah had met the companion Anas and so his Mursal narrations are acted upon. This is the restriction for the woman’s clothing and her Awrah, and it a proof that she is an honour that must be protected. Additionally, Allah (swt) said.

“O you who have believed, do not enter houses other than your own houses until you ascertain welcome (ask for permission) and greet their inhabitants.” (TMQ 24:27), and so Allah (swt) prohibited to enter houses without the permission of their occupants, and considered lack of permission to be estrangeent, and the granting of permission to be made familiar, and said.

“Until you ascertain welcome.” which is an allusion that indicates requesting permission. The permission here is intended to prevent entering into a house when the woman is not covered, which is why permission is necessary even with the mother. In a narration:

. حَدَّثَنِي مَالِكٌ عَنْ صَفْ وانَ بْنِ سُلَيْمٍ عَنْ عَطَاءِ بْنِ يَسَارٍ أَنَّ رَسُولَ اللَّهِ « سَأَلَهُ رَجُلٌ فَ قَالَ: يَا رَسُولَ اللَّهِ أَسْ تَأْذِنُ عَلَى أُمِّي؟ فَ قَالَ: نَ عَمْ، قَالَ الرَّجُلُ: إِنِّي مَعَهَا اسْتَأْذِنْ عَلَيْ هَا، فَ قَالَ الرَّجُلُ: إِنِّي خَادِمُهَا فَ قَالَ لَهُ : فِي الْبَ يْتِ، فَ قَالَ رَسُولُ اللَّهِ اسْتَأْذِنْ عَلَيْ هَا أَتُحِبُّ أَنْ تَ رَاهَا عُرْيَانَة ؟ قَالَ: لاَ، قَالَ: فَاسْ تَأْذِنْ : رَسُولُ اللَّهِ » عَلَيْ هَا .

“Malik told me from Safwan b. Sulaym from ‘Ata’ b. Yasar a man asked the Prophet (phuh) ‘Should I seek permission to see my mother?’. He said ‘Yes’. So the man said “she is in the house with me”. He said ‘Seek her permission. So the man said ‘She has no one else to serve her other than me, should I still seek permission every time I see her?’. He said ‘Seek her permission. Would you like to see her naked?’ The man replied: ‘No’. So the Prophet (phuh) said ‘So seek permission’” reported by Malik in Al-Muwatta and Abu Dawud in Al-Marasil from ‘Ata’ b. Yasar, and Ibn ‘Abd Al-Barr said in Al-Tamhid that it is an authentic Mursal narration, and in Al-Istidhkar he said it is from the authentic Mursal narrations. And Allah (swt) said.

“And tell the believing women to not expose their adornment except that which [necessarily] appears thereof and to wrap [a portion of] their headcovers over their chests and not expose their adornment except to their husbands, their fathers, their husbands' fathers, their sons, their husbands' sons, their brothers, their brothers' sons, their sisters' sons, their women, that which their right hands possess, or those male attendants having no physical desire, or children who are not yet aware of the private aspects of women.” (TMQ 24:31). Therefore, Allah (swt) has defined what can be shown by the woman in her private life, and that she can only let her family (Maharim – those men who cannot marry her) and those who do not have sexual desires (children and elderly) see more than her face and hands. This restriction clearly indicates that she is an honour which must be protected, and so she is surrounded with these rules. In the same manner that her Awrah is defined, the people who are permitted to see more from her Awrah are also precisely defined, which indicates that the woman is protected.

Additionally, it has been narrated from Ibn ‘Abbas that he heard the Prophet (phuh) addressing the people saying.

.» لاَ يَخْلُوَنَّ رَجُلٌ بِامْرَأَةٍ إِلاَّ مَعَ ذِي مَحْرَمٍ « .

“A man should not be alone with a woman unless she has a Mahram (male family member) with her” (agreed upon). It is also narrated that the Prophet (phuh) said.

. لاَ يَحِلُّ لامْرَأَةٍ تُ ؤْمِنُ بِاللَّهِ وَالْيَ وْمِ الآخِرِ تُسَافِرُ مَسِيرَةَ ي وَْمٍ إِلاَّ مَعَ ذِي « » مَحْرَمٍ .

“It is not permitted for a woman who believes in Allah and the Day of Judgement to travel a day and night journey without Mahram” (reported by Muslim). And in the narration of Ibn ‘Abbas that the Prophet (phuh) said.

. وَلاَ تُسَافِرِ الْمَرْأَةُ إِلاَّ مَعَ ذِي مَحْرَمٍ، فَ قَامَ رَجُلٌ فَ قَالَ: يَا رَسُولَ اللَّهِ إِنَّ ...« » امْرَأَتِي خَرَجَتْ حَاجَّةً وَإِنِّي اكْ تُتِبْتُ فِي غَزْوَةِ كَذَا وَكَذَا، قَالَ: انْطَلِقْ فَحُجَّ مَعَ امْرَأَتِكَ .

“A woman must not travel unless she is with her Mahram” A man stood up and said ‘O Messenger of Allah: my wife has gone to pilgrimage and I was assigned to such and such expedition. The Messenger (pbuh) said “Then leave and go on pilgrimage with your wife” (reported by Muslim from Ibn ‘Abbas). So the Messenger (pbuh) withdrew him from the army which was going out to battle, in order to protect his wife. Also, Allah (swt) said.

“And women of post-menstrual age who have no desire for marriage - there is no blame upon them for putting aside their outer garments [but] not displaying adornment .” (TMQ 24:60). The meaning is not that they should not be beautified, since beautification is permitted for the woman without any restriction, rather they should not display their beautification in such a way that would turn men’s attention towards them, and so the prohibition is for the open display of the beautification and not the beautification itself.

These evidences all indicate conclusively that the woman is an honour that must be protected, and accordingly the proof of this article has been made clear.

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Chapters (210)
  1. 1Constitution
  2. 22 General Rules
  3. 3Article 1
  4. 4Article 2
  5. 5Article 3
  6. 6Article 4
  7. 7Article 5-6
  8. 8Article 7
  9. 9Article 8
  10. 10Article 9
  11. 11Article 10
  12. 12Article 11
  13. 13Article 12
  14. 14Article 13
  15. 15Article 14
  16. 16Article 15
  17. 183 The System of Ruling
  18. 19Article 16
  19. 20Article 17
  20. 21Article 18
  21. 22Article 19
  22. 23Article 20
  23. 24Article 21
  24. 25Article 22
  25. 26Article 23
  26. 274 The Khalifah
  27. 28Article 24
  28. 29Article 25
  29. 30Article 26
  30. 31Article 27
  31. 32Article 28
  32. 33Article 29
  33. 34Article 30
  34. 35Article 31
  35. 36Article 32
  36. 37Article 33
  37. 38Article 34
  38. 39Article 35
  39. 40Article 36
  40. 41Article 37
  41. 42Article 38
  42. 43Article 39
  43. 44Article 40
  44. 45Article 41
  45. 465 The Delegated Assistants Tafwid
  46. 47Article 42
  47. 48Article 43
  48. 49Article 44
  49. 50Article 45
  50. 51Article 46
  51. 52Article 47
  52. 53Article 48
  53. 546 The Executive Assistant Tanfidh
  54. 55Article 49
  55. 56Article 50
  56. 57Article 51
  57. 587 The Governors
  58. 59Article 52
  59. 60Article 53
  60. 61Article 54
  61. 62Article 55
  62. 63Article 56
  63. 64Article 57
  64. 65Article 58
  65. 66Article 59
  66. 67Article 60
  67. 688 The Amir of Jihad The Military Department The Army
  68. 69Article 61
  69. 70Article 62
  70. 71Article 63
  71. 72Article 64
  72. 73Article 65
  73. 74Article 66
  74. 75Article 67
  75. 76Article 68
  76. 77Article 69
  77. 789 The Internal Security
  78. 79Article 70
  79. 80Article 71
  80. 81Article 72
  81. 8210 The Foreign Affairs Department
  82. 83Article 73
  83. 8411 The Department of Industry
  84. 85Article 74
  85. 8612 The Judiciary
  86. 87Article 75
  87. 88Article 76
  88. 89Article 77
  89. 90Article 78
  90. 91Article 79
  91. 92Article 80
  92. 93Article 81
  93. 94Article 82
  94. 95Article 83
  95. 96Article 84
  96. 97Article 85
  97. 98Article 86
  98. 99Article 87
  99. 100Article 88
  100. 101Article 89
  101. 102Article 90
  102. 103Article 91
  103. 104Article 92
  104. 105Article 93
  105. 106Article 94
  106. 107Article 95
  107. 10813 The Administrative System
  108. 109Article 96
  109. 110Article 97
  110. 111Article 98
  111. 112Article 99
  112. 113Article 100
  113. 114Article 101
  114. 11514 The Treasury Bayt al Mal
  115. 116Article 102
  116. 11715 The Media
  117. 118Article 103
  118. 119Article 104
  119. 12016 The Ummah Council The Consultation Shura and Accounting Muhasabah
  120. 121Article 105
  121. 122Article 106
  122. 123Article 107
  123. 124Article 108
  124. 125Article 109
  125. 126Article 110
  126. 127Article 111
  127. 12817 The Social System
  128. 129Article 112
  129. 130Article 113
  130. 131Article 114
  131. 132Article 115
  132. 133Article 116
  133. 134Article 117
  134. 135Article 118
  135. 136Article 119
  136. 137Article 120
  137. 138Article 121
  138. 139Article 122
  139. 14018 The Economic System
  140. 141Article 123
  141. 142Article 124
  142. 143Article 125
  143. 144Article 126
  144. 145Article 127
  145. 146Article 128
  146. 147Article 129
  147. 148Article 130
  148. 149Article 131
  149. 150Article 132
  150. 151Article 133
  151. 152Article 134
  152. 153Article 135
  153. 154Article 136
  154. 155Article 137
  155. 156Article 138
  156. 157Article 139
  157. 158Article 140
  158. 159Article 141
  159. 160Article 142
  160. 161Article 143
  161. 162Article 144
  162. 163Article 145
  163. 164Article 146
  164. 165Article 147
  165. 166Article 148
  166. 167Article 149
  167. 168Article 150
  168. 169Article 151
  169. 170Article 152
  170. 171Article 153
  171. 172Article 154
  172. 173Article 155
  173. 174Article 156
  174. 175Article 157
  175. 176Article 158
  176. 177Article 159
  177. 178Article 160
  178. 179Article 161
  179. 180Article 162
  180. 181Article 163
  181. 182Article 164
  182. 183Article 165
  183. 184Article 166
  184. 185Article 167
  185. 186Article 168
  186. 187Article 169
  187. 18819 The Education Policy
  188. 189Article 170
  189. 190Article 171
  190. 191Article 172
  191. 192Article 173
  192. 193Article 174
  193. 194Article 175
  194. 195Article 176
  195. 196Article 177
  196. 197Article 178
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  198. 199Article 180
  199. 20020 Foreign Policy
  200. 201Article 181
  201. 202Article 182
  202. 203Article 183
  203. 204Article 184
  204. 205Article 185
  205. 206Article 186
  206. 207Article 187
  207. 208Article 188
  208. 209Article 189
  209. 210Article 190
  210. 211Article 191