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The Legal and Social Status of Women in the Hadith Literature

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The Legal and Social Status of Women in the Hadith Literature THE LEGAL AND SOCIAL STATUS OF WOMEN IN THE HADITH LITERATURE By SalmaSuad (B. A., M. A. ) Submittedin accordancewith the requirementsfor the degreeof Doctor of Philosophy University of Leeds ' Departmentof Modem Arabic Studies May 1990 This thesis has never been submitted to this or any other University ý This research is dedicated To my late mother To Daughter Rayan with much love ABSTRACT This thesis covers the status of, and attitude to, the woman in Islam, as reflected by the literature of the Hadith. All previous works which have dealt with the status of the woman in Islam have attempted to cover vast areas and aspect ranging from the pre-Islamic era to our present time. However, no single work has ever been devoted to the position of woman as depicted in Muslim tradition. Since the amount of material collected is so vast, it seemsto the author that even a general survey of the status of woman from pre-Isalmic times to our present day, is beyond the scopeof this research,especially that this subjecthas already beendiscussed by many scholars.The literature of the hadith, however, has never been the sole corpus for this subject and henceis the major sourcefor the presentresearch. The status of women is examined in this work following the different "stages" in the life of the woman. Hence the following aspects have been considered; a. the baby girl b. the young girl c. the married woman and the mother d. the divorced woman e. the widow f. the slave woman. The six major books of Hadiths, and the books of Sunni, contain an enormous number of references to woman noted by the Prophet and his companions. These referencesusually refer to the status and legal position of women from birth to death, mainly basedon actual facts which were brought to the attention of the Prophet. In order to collect all the relevant references;all six books of the Hadith, were carefully examined, registered and classified. In addition, all relevant works available were read so that a sound background for the researchcan be established. Experts in the field of Islamic law were consulted on various aspectof this topic and were also to lesserextent relied on traditions and customsknown to the author and her family. Having dealt with a most sensitive subject which has been neglectedup till now. The author aware of the incompletenessof this work, nevertheless,the author feel that the amountof materialsexamined and methodsof analysiswhich were employed should give the reader on authentic insight into the life and position of the Muslim woman as depictedin the Hadith. Abstract ACKNOWLEDEMENT I wish to place on record my gratitude to those people who have generously made available to me their expertise and help in the preparation of this work. In the first place, I wish to expressmy deepestgratitude to my supervisorDr. A. Shivtiel without whose encouragement and help this work could not have been completed. Special acknowledgement is due to Dr. A. A. Brockett and Dr. D. A. Agius from the Arabic Department at the University of Leeds for their assistance together with other members of staff. My thanks are also to my colleagues Beverly Hallas, A. J.P. Lockyer, Susanna Babington, Daureen Chang and Mohsen Abou El-Naga for their valuable assistance. I am much indebtedto the librarian and staff of the Brotherton Library, University of Leeds and Beirut Arab University, for whose help I am most grateful. Finally, I would like to thank the Hariri Foundation for their generousfinancial support which enabledme to carry out this research. i!I ABBREVIATION The following abbreviations have been used throughout the research following A. J. Wensinck in his book (Concordance et Indices de la Tradition Mus..uiman8. A. b. H. = Ahmad b. Hanbal (Al-Musnad) Bu = AbüAbd alläh Muhammad Ibn'Ismäil, Al-Buxäri (salirh). I. M. = Al-Häfiz Abü `Abd alla"hMuhammad Ibn Yazid Al-Qazwini; Ibn Mäjah (Sunan) .. Muslim = AbuAl-Huslein Muslim Ibn Al-Hajjäj Al-Kuairi (sahih). Malik = Malik b.'Anas Al-Medan (Al-Muwattä) Tir = A@esa MuhammadIbnfIsa Ibn Surähal-Tirmidi (Sunan) Iv TRANSLTf ERATION The following transliterationhas beenused throughout the research. I. Consonants k S ý! lJ-. .G"" v 1ý sbU m s o tU . ý. nU a cs° tü h wý zhT . ýd cX Y (9 ) , la -) N ap fýrj . qý ý. z, II. Vowels Short Vowels Long vowels Fatha /A I U- ý Damms U ) ý- 1 Kasra - ý . III. Diphthongs ole aw J' aj- CONTENTS Abstract i Acknowledement AbbreviationS iii 0, Transliteration Introdcwtion 'veIv1 Chapter One: The Status of Young Girl in IslamicSociety 29 1.Female infanticide before Islam 2.The Status of Young Girls in the Hadith Literature 31 a.The Treatment of Girls 32 b. Equality between boys and girls 33 c.Rights of inheritance 34 d.the ceremonyregarding new babies('Agiga) 37 Chapter Two: Marriage in Islä: m (Nikäh) 45 1. The encouragement to marry 2. The age of marriage 48 3. Pre-martial 50 connectionwith,, --. women 4. The consentof the woman (Qubül) 52 5. The engagement(Al-Xitba) 56 6. The task of the guardian (will-J. 57 7. Witnesses(suhud) 61 8. The dower (mahr). 62 (.11än). 9. The announcementof marriage 68 10. Equality in marriage (Kafä'a) 71 11. Women who devoted themselvesto the Prophet 75 (Wähibät). Unlawful Marriage 80 1.The TemporaryMarriage (Mut ä). 2.The Marriage of 85 3.The Marriage of iuhrim. 86 4.The Marriage of Q uha11i1. 89 The prohibition in Marriage 91 1.Woman unlawful for reason of lineage. 2.Woman unlawful because of suckling. 93 3. Non-Muslim and SIVve woman 95 4. The marriagetm- prostitute. 98 5. Marriage during thenidda 99 The polygamy System 101 Chapter Three: The Married Woman 122 1.The relationship between the married woman and her original family a.The duty of the woman towards her parents b.The duty of the family towards the married daughter 124 2. The duties of the woman towards her husband 131 a. The woman cannot receive anyone without his 132 permission b. the woman cannot go out without her husband's 133 permission c. the woman cannot fast without his agreement 136 d. the woman cannot spendhis money without his 136 knowledge e. the woman should obey her husband(al asiz) 138 f. the woman should savehis honw& 144 3. The rights of the woman in making conditions for 147 her husband 4. The duty of the woman towards her children 149 a. The guardian 1. The widow 150 2. The other relatives 151 3. The guardianin the caseof a divorce 153 b. The conditt ions for the guardian 156 c. The end o the guardiansduty 157 Chapter Four: Divorce -Taläq 167 1.Types of divorce a.intermediate or single divorce (raj 'j; ') i b.ultimate or triple divorce (bä' .) 170 2. Self-redemption, O(al)` 178 -` ___- 3.Mutual swearing (Li, ` in. ) 184 4.Temporary separation (Zihär) 189 5.The vow of continence Q[1ä3 191 6.Other types of divorce 192 a. the right of the woman to choose either to stay with her husband or to aske for divorce (#1-r'axy17) b. the right of the woman to divorce her husband as 195 one of the conditions before sinning the marriage contract (tamlik a 1-'aläq) 7.The reasonsfor divorce 198 a. for the woman b. for the man 200 8.Different pronouncementsof divorce 202 9.Lawful and unlawful divorce 203 10.The forms of divorce 206 Chapter Five: The Widow (A1=Armala) 216 1.The mourning of the widow ('idäd) 2. Waiting period (Idda) 222 3.The marriageof the widow 223 4.The dower (rnfahr) 225 5.The inheritance(nn räß 227 6.The maintenance(n'afaga) 228 Chapter Six: The Slave Women 234 1.Slavery during the time of the Prophet 2.The slave woman as a concubine 242 &t 3.The slavewoman as a mother mm Cl-'Malad) 249 4. The married slavewoman 252 5. the relationship betweenthe married woman 255 and her master I've 6. Divorce of the woman 258 Conclusions 271 Indexes: Arabic Terminology 284 Bibliography 291 1 INTRODUCTION A Hadith is a tradition related to the Prophet of what the Prophet said regarding many subjectsand what he was askedabout or what happenedin his presence. In other words, Hadith literally meansa story xabar or news of what the Prophet said (gAla)or did fä la and what he approvedof or disapprovedof. (I) Fundamentally, Hadiths are concerned with religious, social and legal matters. They deal with the family structure, personal relationships and the ways of the Muslim (2) community as the Prophet wanted it to be. In addition, they give us a view of early Islamic history because they recorded the military and political climate of the time and (3) contain biographical details of the Prophet. We can say that Hadith is a mirror of the (4) history of Islam during the first century of the Hiira. However, the purpose of the Hadith is to express the Prophet's opinion, his way, his attitude and his belief about (5) various aspects of life. Stressing Muhammad leadership and authority. Guillaume, described the Hadith saying that it is a major branch of Muhammadan literature, which stands beside the Koran. (6) There is no basic difference betweenthe Hadith and Sunnawhich is the Prophet's practice and custom, since both of them are handeddown by the Prophet and deal with the samemoral, religious and social rules as establishedby the Prophet. Also, both of them have a religious basis, therefore, they are not outside the Koran's teaching. The connection between Hadith and Sunna is that Sunna is what was practised by the Prophetand his companionswhile Hadith is the record of this practice.(7) The slight distinction between them is that Sunna is covered b? jim (Consensus) of the earliest Muslim community which considered Sunna to be more reliable than the (8) Hadith, in that Al''-Imam Malik said that Sunna was superior to the Hadith.
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