THE STATUS OF WOMAN AS AN AUTHORITY IN THE LIGHT OF ISLAMIC JURISPRUDENCE

1Wajeeh-ud-Din Nouman, 2Hafiz InayatUllah & 3Anjam Niaz

1Department of Arabic, Islamic Studies & Research Gomal UniversityDera Ismail Khan 2Governmen. Degree College No.1, Dera Ismail Khan (KPK) 3Gomal University, Dera Ismail Khan

ABSTRACT Allah (swt) has determined the importance of each and every thing whether living or non living in the universe. Similarly, He has given proper status to man and woman among the humans. Allah (swt) has given preference to man over woman with regard to the social status. Generally speaking, Allah (Swt) has created man out of woman in this world but when we closely observe the first creation of humanity, we can correctly evaluate the status of a man. In this universe, Hazrat Adam (A.S) was created without any woman and Hazrat Eve (A.S) was created out of Hazrat Adam’s (A.S) rib. It clearly shows that woman is subordinate to man. It does not mean that we should over look the capabilities of a woman but we have to determine her status keeping in view the laws of Shariah. Allah (swt) Himself equated two female witnesses to one male witness. This Quranic example highlights the physical weakness of a woman. In this paper the leadership of a woman has been discussed from Sharia, History and Judicial points of view.

INTRODUCTION Allah (SWT) has appointed two female act in the capacity of the head of a state. witnesses in comparison with one man but However, the arguments of both the there are certain matters in which the groups have been discussed in detail. woman cannot even appear as a witness ⌦⌦ ⌦ according to Shariah for example the “Men have an upper hand over Women matters of “Hadood”. Certain Foqaha, because Allah (S.W.T) has given basing on it, say that a woman cannot be preference of someone over others” (Al- assigned the duties of leadership, while Quran 4:34) some say that she can become a leader but The word “Qawam, Aqwam, Qayyam” is one thing is crystal clear that she cannot used in Arabic language for that person decide the cases of “Hadood” as a judge. It who runs a system. The word “Qawam” means that in the cases other than Hadood- here means ruler or higher authority. o-Qisas, it is not essential that the judge should be male. Basing on this assumption ⌦⌦⌦⌦ ⌦ “Women have right as men have over certain Foqaha has said that a woman can 112 Nouman et al., The Status of Woman them according to the rule and men have Although the rights of men and women are preference over woman and Allah (S.W.T) equal yet at one point have get superiority is the wisest.” (Al-Quran 2:215) that they are the ruler/ superior ones.

Hafiz IbneKaseer (R.A)

⌦⌦⌦ “Men are the rulers and caretakers of and when the women divert from the path, women. They are their elders and rulers then they are their tutors.” AllamaAaloosi (R.A)

⌦⌦⌦⌦⌦⌦⌦ ⌦

For this reason men have been specified rites e.g announcement for prayer (Azaan), for prophet hood (Risalat-o-Nubuwat). stay for prayer (Iqaamat), sermon Ummah (Kubrah o Sughra) and Islamic (Khutba) and Jumma prayer.

SUNNAT E NABWI (A.S) Bukhari Sharif: ⌦⌦⌦⌦⌦⌦⌧⌦ “Abu Bakar (R.A) narrates that I got authorized. That’s why that the benefit through this Kalima (wordings) distinguished scholars of Hadith Imam during the days of Jammal Expedition Bukhari, Imam Tirmzi and Imam Nisai with the grace of Allah (S.W.T) that when (R.A) have selected this Hadith in their Hazrat Muhammad (S.A.W) came to know anthologies. that the people of Persia (Farus) appointed In the age of Risalat (prophet hood), the Chosroes (Kisra) daughter as king then He people of Persia (Farus) appointed (S.A.W) said that Chosroes’ (Kisra) daughter as king after “Those nations will never flourish who the death of the king Chosroes’ (Kisra). hand over their government/power to the When the Holy Prophet (S.A.W) was fair-sex.” informed about this, then He (S.A.W) said

According to the well-versed scholars of that ⌧⌦ ⌦ Tradition (Hadith), all the narrators of this Hadith are reliable, trustworthy and

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“Those nations will never flourish who Queen of Saba before RasoolUllah hand over their power to the women folk”. (S.A.W). At this RasoolUllah (S.A.W) said that “ those nations will never flourish Besides the Queen of Chosroes’ (Kisra), who hand over the power to the women Hazrat Abu Bakar (R.A) talked about the folk”.

TIRIMZI SHREEF ⌦⌦ ⌦

“Hazrat Abu Huraira (R.A) narrates that the participation of women in assembly Hazrat Mohammad (S.A.W) said that and parliament has been restrained. And it when your higher authorities are better is obvious through some other Ahadith than you, your rich are generous yours that RasoolUllah (S.A.W) consulted with affaires are settled with mutual HazratUmmeSalima (R.A) and so on or consultation then it is better for you to the companions of RasoolUllah (S.A.W) remain on the surface of the earth rather consulted with the UlMomeneen so the than inside it. And when your higher consultation was not concerned with state authorities become corrupt, your rich affairs but with the problems of Shariah. became miser and your matters are handed Those problems were related with over to women then it is better for you to obligatory prayers. It is of no consequence remain inside the earth rather than surface to rarely consult with the wisest lady about of it”. the state affairs. But it is against the Shariah to appoint the woman as a regular Sheikh Ul MoulanaZafar Ahmad consultant minister or ambassador. Usmai Because, it is a doorway to all According to the above mentioned Hadith, mischievousness.

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Imam Baghwi (The Reviver of Sunnah)

⌦⌦⌦⌧⌦⌦

Therefore, woman as an authority is weak Thus the perfect man has only this by nature and it is a fact that leadership capability for it. and judgment require perfect authority.

Explanation of Nasfi Creed

⌦⌦⌦⌦

It is must for superior authority that he because; they lack wisdom and cannot ought to be fit for perfect and absolute practice the religion properly authority. Woman cannot become leader Allam Abdul Aziz Farhawi

⌦

There is consensus of Muslim’s opinion School of thought of that it is improper to make woman a leader (imam). Even it is unsuitable to make her ⌦ the leader at the smaller scale. School of Thought of Malaki

Four School of thought and the creed of ⌦⌦⌦⌦⌦ Zawahir

School of Thought of Shafi

⌦⌦⌦⌦ It is undue to make woman a judge for males because of it there is fear of …….the company of female is prohibited temptation.

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School of Thought of Humbli ⌦⌦ ⌦

Thus, there are three conditions for judge: and perfection in reinforcement is reliable and they are of two kinds----perfection in in four things---he must be mature, reinforcement and perfection in creation sensible independent and male.

Zawahir School of Thought ⌦⌦⌧⌦

If a female is appointed as judge and her order will be reinforced owing to her decision is in the light of Shariah, then official status? AllamaShami (R.A) with according to the Hanfi School of thought, the reference to Imam Abu-Saood (R.A) it can be promulgated, despite its fault, in writes that as she is devoid of this ability the light of Shariah. Either it is caliphate so she cannot lead us in the light of or presidency, governorship or ministry--- Shariah. if she is appointed at any post then her ⌦⌦⌧ ⌦

⌦⌦⌦

Women as Judge and Imam Abu difference of opinions according to the Hanifah: Muslim jurists.

Some of the scholars derived this opinion Muslim jurists have been divided into from Imam Abu Hanifah’s thought that if three groups having their own difference a woman can become a judge then why of opinions in this regards. would not she become a president or prime CLASSIFICATION OF JURISTS minister? The problem that a woman should be appointed as judge ----it has Ahnaf Besides restrictive panel ordinance of

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Islam and Retaliation Law, there is no It is not essential for judge to be a male strict rule for judge to be a male sex in jurist entitled to independent opinion. other case. Three school of thoughts—Shafia, Malkia and Hanabila have this opinion that it is Sahib-E-Hidayah Al Marghnani (R.A) must judge to be a male sex for hearing of A female can be appointed as judge. all the cases. There is no justification for Although she can take decision yet she woman to become a judge. cannot hear the cases of restrictive or IbneHazim (R.A) and IbneTareerTibri penal ordinances and of capital (R.A) punishment. Therefore, her decision in these matters will not be correct. It is not essential for judge to be a male jurist entitled to be a male sex only. Even IbneNajeem (R.A) it is not must in the case of Restrictive and penal ordinance and capital punishment.

Argument: ⌦⌦

⌦ They refer to this Hadith “Lo! All of you a guardian and guardian is appointed for are leaders and shall be questioned on the the settlements of all matters. And as a Day of Judgment in respect of your trust. judge, one has to guard people’s matters. So, the king is a head unto his subjects and That’s why a woman should be handed shall be questioned in respect of them; the over this responsibility. husband is a head unto his wife and shall be questioned in respect of her; the wife is Rational Presumption: the head unto her husband’s house and the There is justification for woman as jurist children and shall be questioned in respect because one has to reinforce order in the of them all. ……….. light of Shariah in Islamic jurisprudence. So you are all shepherds, and you shall be Same is the case with judgment and when questioned in respect of that entrusted to there is justification for woman as jurist you. then why should not there be a justification for woman as judge. They argue from this Hadith that RasoolUllah (S.A.W) said that a woman is AllamaMarwi:

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In this Hadith, the guardianship of woman While in the administration of justice, the is confined to the life expectancy. reinforcement of order in the light sheriah is made expedient and compulsory. Thus ⌦ “Woman all the three schools of thoughts are is the head unto her husband’s house.” The against the categorical Quranic injunctions guardianship of household affairs does not and the consensus of Muslim opinion. mean guardianship of judgment and it is Second School of Thoughts: --- improper to presume judgment over legal Arguments opinion. This presumption has a distinctive feature. In legal opinion Quran Majeed: (Islamic Jurisprudence), one has to reinforce order in the light of Shariah. ⌦⌦ ⌦

Sunnat-e-Nabwwia (S.A.W) ⌦⌦⌦⌦

⌧⌦ ⌦

Rational Presumption: Every kind of male attends the law court. It needs matured opinion, perfect wisdom The status of administration of justice is and sagacity to tackle with them. While just like leadership. Because both deals women are nothing in comparison to men with commonness of order. As the woman in this regard. Allah (S.W.T) says about is not fit for the perfection in guardianship, their forgetfulness, acceptance as guardian and acceptance as witness in the light of Shariah, so it is improper to hand over the post of judge to “If the first one forgets, the second one her. should remind her.” (Al-Quran 2:282) The status of administration of justice is Besides it, a woman is misfit to take the just like leadership. Because each rank has responsibilities as the head of the state or got the position of guardianship and a some key posts. Because, RasoolUllah woman is weak in perfection in (S.A.W), the Caliphs (R.A) and the letter guardianship and acceptance as witness. rulers neither made woman a judge nor the Therefore, is misfit for the post of Judge?

Gomal University Journal of Research, 28(2).December, 2012 118 Nouman et al., The Status of Woman head of the province.As for as we know, it was about the deed of divorce. A person did not happened so. Had it lawful, there who gives divorce three times at random, would not have any vacuume in this regard then this deed of divorce is against throughout the ages. Ibn-e-Hajr Al- Sunnah. It is abominable and sinful act it Asqalani, SharehBukhariBadarud Din does not mean that the act of divorce is Aani (R.A), reviver of Sunnah Imam invalid. Besides restrictive and panel Baghwi (R.A) the renowned ShafiIman ordinances of Islam and Retaliation Law, Novi (R.A) have the same opinion. if a woman is brought forward as Judge, then despite the fact that it is sin but if her Hanafi School of Thought and Woman decision is in the light of Shariah, it will as Judge: be promulgated. Because in some cases, a The main arguments of Hanafi School of woman as witness is accepted. In those thoughts are the same as (AiemaSlasa) has matters where she as an authority is presented in favour of their creed. There is accepted as witness, her decision will be a light difference between three schools of promulgated. thought and Hanafi School of thought. ARGUMENTS OF HANAFI SCHOOL According to Hanafie’s opinion, if a OF THOUGHT: woman is appointed as judge in those matters where she may be accepted as AllamaKasaani (R.A) witness then her decision will be The court decision depends upon promulgated. It is a point of special witnesses only. Therefore, the status of decision, either it right to appoint a woman justice and witness is just like an authority. as judge or not. Hanafi School of thought In Islamic jurisprudence, terminology an has the same opinion as other three authority means a position or power schools of thoughts. It means that an assigned to a person. It cannot be imposed abominable to appoint a woman as judge on any one else without his and such a person will be sinful in the eyes approval/opinion. Therefore, a person who of God, in this regard. In the clarification is fit for witness (keeping in mind other of this point, the argument of Hanfi conditions) will be fit to become a judge. Muslim Jurists can be presented which

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⌦⌦⌦ ⌦

“Although in restrictive and panel judge or both the rival parties accept her ordinance of Islam and capital punishment order in any case, and then besides the and in those matters where men are not restrictive and penal ordinance of Islam informed, the judgment of women is and retaliation law cases, her decision will correct there. Because their witness is be promulgated; provided that it must be accepted; and in restrictive and panel in the light of Shariah. ordinances retaliation Law, the witness of AllamaIbn-e-Hammam (R.A): women are not reliable. Therefore, the judgment of woman in this case is not Whatever arguments are mentioned most correct.” of the time, it proves one thing that it is forbidden to appoint a woman as judge. It As for as the case decided by women, as is unlawful and if a woman is appointed as justified by Imam (R.A) or judge, though it is a sinful act, yet both the Ibn –e-Jareer, are concerned, those were parties made her an authority and a woman the settlement of individual cases as took such a decision which was according mediators. AllamaAloosi (R.A) narrated to the commandments of Allah (S.W.T); that Sheikh Abo-Hayyan (R.A) has also would her decision be proclaimed or not? explained this argument given by Hazrat There is no argument against it as it is Imam (R.A) according to the commandments of Allah As it is narrated by Imam Abo Hanifa (S.W.T). (R.A) that besides restrictive and penal HazratAysha (R.A) as a leader in Jamal ordinances of Islam and capital Expedition: punishment cases, a woman can become judge in rest of the matters- It does not On the issue of leadership of woman, the mean that it is lawful to appoint a woman argument is often given from the incident on the post of administration of justice. of Jamal expedition that the mother of the But the fact is that as a woman can be a faithful HazratAysha (R.A) led the Jamal witness and in all she gets an authority. expedition and the glorious followers of Therefore, suppose she is appointed as the Prophet (S.A.W), HazratTalha (R.A)

Gomal University Journal of Research, 28(2).December, 2012 120 Nouman et al., The Status of Woman and HazratZubair (R.A) admitted her And then the Mother of the Faithful (R.A) (R.A) leadership. along with HazratTalha (R.A) and HazratZubair (R.A) practically made a The fact of this incident is that program of Reformative discussion with HazratAysha (R.A) along with the other AmeerulMomeneenHazrat Ali (R.A) about Mothers of the Faithful went to perform the reformation of Ummah. But for the Hajj (pilgrimage). The noble Sahaba murderers of HazratUsman (R.A), it was (companions of Rasoolullah S.A.W) difficult to digest / tolerate this gathered there and they insisted that she reformation. They attacked on the camp of should perform her duty as an affectionate HazratTalha (R.A) and HazratZubair and reform the Umma which was (R.A) at night in the pitch dark. Both disorganized. Because of this insistence thought that this attack was made from the when she (R.A) enquired at Basra and side of Hazrat Ali (R.A). They made a Qa’qa bin Hakeem (R.A) enquired at her defensive attack. Hazrat Ali (R.A) (R.A) purpose of arrival then She (R.A) misunderstood this attack and started a explained it clearly. “My son! My aim is defensive war and in this way a mess was to reform and unite the people”. created without their favour. HazratAysha Sheikh ul Islam Imam Ibn-e-Tamia (R.A) was riding on a Howdah of she (R.A): camel. Neither did She (R.A) fight nor She (R.A) ordered to fight.

⌦⌦⌦⌦

⌦ MasnadUl Hind Shah Abdul Thus HazratAysha (R.A) set out to Basra AziazMuhadithDelhwi: for reforming and organizing the Umma.

In short, the mother of the faithful was There was no concept of statesmanship in neither a leader, nor a commander. Neither her mind, more than that she (R.A) as a had she political aims nor had she nor had mother of faithful set out to create she aims to fight with Hazrat Ali (R.A). harmony among Umma. But unfortunately

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the incident of Jamal Expedition occurred. wept so bitterly that her (R.A) lap would That’s why whenever she (R.A) become wet. recollected the Day of Jamal, she (R.A) ⌦

The honour of Rasoolullah (S.A.W) incident in this context that at the end of HazratAyshaSiddiqa (R.A) remain behind Jammal Expedition, the noble of the area the scene on Howdah of she-camel came to great her (R.A). One of the nobles throughout this journey. And Her (R.A) peep through the Howdah, HazratAysha close relatives remained beside her (R.A). (R.A), the mother of the Faithful said, Hafiz IbneKaseer (R.A) narrated unique ⌫⌫ ⌦ ⌦⌦ ⌦

“Go out! May Allah (S.W.T) curse on Expedition. The character and action of you! May you be betrayed! May your HazratAysha (R.A) did not set an example hands be cut! And may your private part of women’s leadership. be exposed to all!”. This man was killed in Queen Saba Bilqees, The head of the Basrah and his hands were served and his State and its Justification: naked dead body was laid in depopulated land. This is the gist and reality of Jamal Surah Namal (the Ant) of the Holy Quran: ⌦

“I come unto thee from Sheba with sure (abundance) of all things, and hers is a tidings. Lo! I found a woman ruling over mighty throne”. (Al-Quran 27:22,23) them, and she hath been given ⌦⌦ ⌦⌦⌦⌦

“I found her and her people worshiping the truth), so that they go not aright”. (Al- sun instead of Allah (S.W.T); and Satan Quran 27:24) maketh their works fair-seeming unto them, and debarreth them from the way (of

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Hazrat Abu Bakra (R.A) mentioned the ⌧⌦ ⌦ incident of Queen of Saba apart from the Queen of Choseroes (Kisra) before AllamaMahmoodAloosi (R.A) Muhammad (S.A.W), then He (S.A.W) Said,

⌦⌦ ⌦

In the verse of Holy Quran, there is no Islam. As a whole the Holy Book Quran such point to be presented as a proof that a refers to the Queen of Saba as the head of woman can become a head of the state in the state of infidelit

Quran Majeed:

⌦⌦⌦ “Lo! It is from Solomon, and Lo! It is: in law. So for as it is not proved that the name of Allah the Beneficent, the HazratSulyman (A.S) himself got married Merciful; Exalt not yourselves against me, with her and maintained her sovereignty but come unto me as those who and it is not proved from any correct surrender”. (Al-Quran 27:30,31) statement, where we should repose confidence in the light of Islamic The Queen of Saba-Bilqees as woman was Jurisprudence. the head of state and her nation was polytheist. According to the verses of Holy Hakeem UlUmmatMolana Ashraf Ali Quran HazratSulyman (A.S) wrote a letter Thanwi: to the Queen of Saba, the title of it was-the invitation to the submission of One God- Molana Ashraf Ali Thanwi (R.A) wrote a the most Merciful. According to the judicial Verdict in the light of Shariah and historical narrations, there are differences its background was that after the English of opinion that HazratSulyman (A.S) did domination of India some of the ancestral not get marry with the Queen of Saba states remained as it were. These were like himself and He (A.S) got married with the Semi-autonomous States. Some of them Queen of Hamdan named Zateba and her were the Muslim States and there husband was made the king Saba. remained no male legal heirs except Pardah observing ladies. Now there were Mufti Muhammad Shafi (R.A) two options.

As for as Balquees-the Queen of Saba is Pardah observing ladies (who were concerned, there is no for proof of Divine considered the inheritors of English Law)

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would not have been entrusted with iii-c) The government should be governorship of state. The status of these democratic one where the status of semi-autonomous states would have been governor should be like an advisor. abolished in his regards and they would Actually the governorship is the group of have been merged in English dominion. advisers. If we inquire the wording of Certainly it was a great loss. Hadith thoroughly, it shows that the first kind of government is mentioned in Second option was that these women Hadith. would have considered as state adviser. And all the administrative works of state It is observed from the writing of Molana would have been handed over to all the Ashraf Ali Thanwi (R.A) that the states men with their consultation/advice. This are exempted from threat of the above form was adopted in these states mentioned Hadith where the status of practically. One of the enquirers enquired women’s governorship is like an adviser about this from that either these states are or member of group of advisers and they according to the Hadith or not. Keeping in have no powers to enforce the orders. mind the above mentioned situations, MolanaThanwi (R.A) has mentioned this Molana Ashraf Ali Thanwi (R.A) wrote cause “There is a secret that the basic of the following judicial verdict in the light this government is just like an of Islamic jurisprudence that there are advice/consultation and the status of three kind of government. woman is like an adviser”. Actually the difference of opinion is about the reality of It should be perfect and common. Perfect the democratic government. The view in the sense that the ruler should be point of HazratThanwi (R.A) about the independent/free to decide. It means that it democratic government is that in this type should be one man rule and he needs no of government the head of the state is ones’s approval for his decision. He powerless. And his status is just like an should be endowed with full-power. And adviser only. As MoulanaThanwi (R.A) common in the sense that his subject must has mentioned its cause “There is a secret not be a limited group. that the basic of this government is just It should be perfect but uncommon. like an advice/consultation and the status of woman is like an adviser”. It should be common but not perfect one. CONCLUSION For instance Such a state where the status of head of the i-a) The government of woman parliament is just like a member of a should be like one man rule. council, the justification of the leadership of woman is possible. Where the president ii-b) A woman should act as an or prime Minister is an independent head administrator of a small group of society of the state and he had the full power and without any partnership. control over the administrative machinery

Gomal University Journal of Research, 28(2).December, 2012 124 Nouman et al., The Status of Woman legally and they are independent in the Al-Kasani, A.Badai Us Sanaia Fi Trteeb-e- formation of the cabinet. Then the Sharaia, Beirut, DarulKitabAaaal-Arabi, justification and application of the judicial P: 3, Vol: 7 verdict of Molana Ashraf Ali Thanwi (R.A) is not in favour of them. And there Al-Marghinani, A. Al-Hidayah, Multan is no place for it in Shariah. No one can Pakistan, MaktabaImdadiyah, Vol: 3 deny this fact that the head of the state in Al-Mawardi, A. Al-Ahkaam Al-Sultania, the democratic government is not only an Beirut, DarulKutbulAlmiyah, P: 65 adviser but also a powerful administrator. Therefore, a woman cannot become the Al-Nishapori, A. Al-Muntaqa, Leak road, head of the state in a democratic Lahore Pakistan, Al-MatbatulArbiyah government. P: 182, Vol: 5

REFERENCES Al-Shrbeni, M. (1978). Al- Aalosi, S. (1346). RoohUlMaani, Egypt KhatibalaMatan Al-Minhaaj: 1346, P23, Vol 5 MughaniUlMuhtaaj, Beirut, DarulFikr, P: 375, Vol: 4 Ad-Dasooqi, A.Hashia Al- DasooqialaSharha Al-Kabir, Beirut Al-Yaswasi.M,FathulQadeer P: 283, Vol: DarulFikr P: 129, Vol:4 7

Al- Bahoti, M. (1394 H). Al-Zahiri, A &Al-Maahilly, (1351). Al- KashafulQinaaunMatanulIqnaa, Makkah, MaktabulTijari, Muhammad Munir Ad- MatbaatulHakoomiyah, Vol: 4, Al-Riyadh Damishqi, Al-MatbaatulMuniriyah, Al- Mawardi, A. Al-AhkaamulSultaniyah, Musawwarah un At-TabatulAwwal, P: Beirut, DarulFikr, P: 65 363.

Al-Arabi, A.AhkaamulQuraan, Beirut An-Novavi, Y.MajmooaSharahMuhazzab, Labnan, DarulFikr, P: 1445, Vol: 3 P:127, Vol: 20

Al-Balagh, Karachi, Mufti AzamNumber Ash-Shokani, M. Nail UlAwtaar, P 265, ,P214. Vol: 8 Aleesh,M. Sharah Munhalul JalilAlal Mukhtasar Khalil, P: 263, Vol: 8 At-Tebrazi, W. Al-MishkaatUlMasabeeh, P:459 Al-Hasfki, M .Durre Mukhtar, SharhaTanverulAbsar, P: 548, Vol:1 Baghwi, H.Sharah As-Sunnah, Beirut, P: 77, Vol: 10 Al-Hussani, M. (1365). KifayatulAkhyar, Egypt, Matbaa Al-Hilbi, TabaSani, P: 158, Vol: 2 Bukhari, M. Al- Jaami Us Saheeh, Kitab Al Fitan, P 1052, Vol 2

Gomal University Journal of Research, 28(2).December, 2012 125 Nouman et al., The Status of Woman

Bukhari, M. SahihBukhari, P: 136, Vol: 5 DarulMaarifah, P: 257, Vol:6 Damad A. A. (1316 ).MajmaulAnhaar, Daruttabaat Al-Qahira, Vol: 2, Lebanon, Ibn-e-Qudamah, A. Al-Mughani, P: 380, MusawwarahBidarIhya-ut-Turaas Al- Vol: 11 Arabi, P: 95 Ibn-e-Rush, A.BidayatulMujtahid, Beirut, Farhoon, I.TabsarahtulHukkaam fi DarulFikr, P: 499, Vol: 2 UsoolilAqziyahwaManahijulAhkaam, P:187, Vol:1 Jamal-ud-Din S. Al-Muhazab, Makkah-tu- Mukarimah, Dar-ul- Furharwary, A.Nibraas, SharahAqaid, BaazlilNasharwatTawazie, P: 291, Vol: 2 Imdadiyah, Multan, P: 321 Malik ul Hind, A. Al-Fatawa Al- IbneAbidain, Shami, P: 440, Vol: 5 Hindiyah, P: 307, Vol: 3

IbneQudama, A, Al-Mughni, P: 381, Vol: Sheikh ul Hind M.Translation of ShaikhUl 11 Hind

Ibn-e-Hazam&Az-Zaahri, A. Al-Mahilly Termazi, M. Al-Jami (Termizi) P:51 (fiqhZahri) P: 360, Vol: 9 Vol: 2,

Ibn-e-katheer, I. (1969).Tafseer Quran Usman,A.TabyeenulHaqaiqSharhaKanzud ulAzeem” Beirut Lebanon, Dar-UlMarifah Daqaiq, Beirut, DarulMaarifa, P: 175, 1388/1969 P49, Vol 1. Vol:4

Ibn-e-Nujam, Z, Al-Bhr-ur- RaiqSharhaKanzudDaqaiq, Beirut,

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