Q. May I cite a case I have read about in a newspaper whereby a court terminated the marriage of a Muslim couple on the basis of an application by their relatives. The application was based on the fact that the woman belonged to a different tribe. How can this be allowed under Islamic law? What does compatibility in marriage mean? Are not all Muslims equal?
Q.R. Lakibul
A. Yes, all Muslims are equal. One of the last teachings of the Prophet (peace be upon him) was stated in his last major address delivered during his pilgrimage. He said to us: “All of you belong to Adam who was created out of dust. An Arab has no privilege over a non-Arab, nor has a white man over a black man, except through being more God-fearing.” Thus, he made faith and good action based on it the only factors that distinguish people in Islamic society.
I cannot comment on the case in question because of lack of information. The reader refers to a story in a newspaper, which might have omitted some facts with substantial bearing on the case. Moreover, he provides very little information to go by. Therefore, I will limit my answer to the basic question of compatibility in marriage.
A number of scholars make social equality an important factor in marriage, to the extent that they give a woman’s father the right to apply for the termination of his daughter’s marriage if he considers the marriage to be socially demeaning for his family. The basis of this view is the Hadith which mentions that a woman complained to the Prophet that her father married her to a man aiming that through this marriage he would improve his own social standing. The Prophet ordered the termination of the marriage. She then said: “Now I approve my father’s action, but I only wanted to make people aware that men cannot impose their will on women in such matters.”
When we look carefully at this Hadith and relate it to other cases during the Prophet’s lifetime, we will conclude that the termination of the marriage in this case was due to the fact that the father acted without consulting his daughter. He married her for his own reasons, hoping for a social benefit to himself. Her comment was clear. She wanted people to know that marriage can only be done on the basis of the woman’s agreement. Under Islamic law no man can force a woman into a certain marriage, without her consent.
As for social compatibility, we have the case of Zayd ibn Harithah’s marriage. The Prophet advised his own cousin, Zaynab bint Jahsh to marry him. She and her family were not initially pleased with the marriage because of Zayd’s former status as a slave, while Zaynab belonged to one of the most distinguished families in Arabia. She then went to the Prophet and asked him: “Are you, Messenger of God, happy for me to marry this man?” He said: “Yes, marry him.” She did. There were other cases where the Prophet proposed the marriage of a man of low social standing to a woman belonging to a distinguished family. In all cases, no one raised an objection. Hence, most scholars consider that all Muslims are compatible in marriage. The only factor of distinction is strength of faith and acting on its basis.
Can Woman Read Qur’an While in Her Period?
Q. May I ask whether a woman can put her elbows on the floor during prostration in prayer, and whether she can read the Qur’an when she is in her period?
(Name and address withheld)
A. A woman is advised to bring her body together when she prostrates in prayer, which means that she should not put her arms or legs wide apart. Putting one’s elbows on the floor is not the proper position for man or woman. The Prophet describes prostration as putting seven bones on the floor. These are the forehead, the palms, the knees and the toes.
The majority of scholars agree that a woman should not read the Qur’an when she is in her period. The same applies to a man when he is in the state of ceremonial impurity, or janabah. The Prophet is quoted as saying: “I do not permit reading the Qur’an to a woman in menstruation or a man in ceremonial impurity.” However, some Hadith scholars cast doubt on this Hadith, describing it as lacking in authenticity. It is more advisable to avoid reading the Qur’an during menstruation, except where a verse is quoted in a book one is reading. A woman may engage in God’s glorification and praises at any time.
War in Islam
Q. Islam has clear rules regarding women, children, elderly people and city infrastructure during the time of war. In old days, a city was besieged until it surrendered. Muslims always treated their enemies with respect and dignity. What happens when a city does not surrender? Can a Muslim army fire at the city, if this would involve loss of life among the civilian population? Can they fight at night? Could you please provide further explanation of Islamic war rules.
M. Abukhater
A. Islam lays down very clear rules that Muslims must observe in war. To start with, war may only be resorted to in order to defend Islam or the Muslim community, or to support another community being unjustly attacked or ill-treated. A Muslim community must never be involved in a war of aggression against any party. It can only go to war for a just cause. Thus, Islam does not approve of war for any reason except to establish justice and to defend the rights of mankind. We can rightly say that there are two types of war: just or aggressive. The first may be fought by a Muslim community; the other cannot be condoned.
One point to clear in this connection relates to the concept of ‘holy war’, which is often used as a translation of the term jihad. Islam does not have any such concept. No war can be described as ‘holy’ to distinguish it from another type that is ‘unholy’. The translation is erroneous. Jihad means ‘striving’ and it has a wider meaning than armed combat. When it involves war, it must be a just war.
In any war Muslims fight, the rules are clear. Non-combatants are to be spared. These include women, children, elderly people, priests and the civilian population generally. In the early period of Islam, caliphs always gave clear instructions to their military commanders that they must not kill any such people, nor cut trees or pollute water courses. Indeed, the behavior of Muslim armies was the main reason for many of the defeated populations soon embracing Islam and becoming good Muslims.
Another Islamic rule is not to make any surprise attack against enemy population. In all his battles, the Prophet (peace be upon him) never launched a surprise attack, even against his fiercest enemies. He used the surprise factor to full advantage, but always stopping short of launching a surprise attack. He moved very swiftly so as to surprise the enemy by appearing in force at a close range, when they were not prepared to fight, so as to persuade them that fighting was not to their advantage. In this way, he was able to avoid military combat on more than one occasion. He achieved his goals without fighting.
Modern warfare is totally different from what used to be the case for many centuries after the emergence of Islam. Moreover, military powers today resort to airstrikes against the enemy, trying to bring the country to its knees. We saw how Israel destroyed much of the infrastructure of Lebanon last summer. Five years ago, the US destroyed much of Afghanistan by airstrikes before moving in to occupy the country. They did the same in Iraq, stirring up conflict and bringing the country very close to a civil war. The pretext in all these cases was national security, although at times it is given a different color, such as taking out weapons of mass destruction. The fact is that these are imperialist wars, aiming to occupy countries, or bringing them into the position of satellite states. In the case of Iraq, its wealth of oil and other resources were too tempting for the US.
Could a Muslim state resort to similar tactics against its enemies? A Muslim state is required to be well equipped to defend itself against attack from any quarters. What is required for this may differ from one country to another. If an enemy launches an attack against us, we are justified to take the necessary measures to defend ourselves and our populations. However, basic Islamic rules must always be observed. The case of besieged cities is hypothetical nowadays. Moreover, no Muslim country is in a position to attack anyone. Therefore, we cannot make hypothesis and try to give Islamic answers to them. When a situation arises, Muslim scholars will have to deal with it taking all the factors involved into account.
