Bismillāh ir Raḥmān ir Raḥīm

 

The Inalienable Rights of All Human Beings

 

Among the inalienable rights of all human beings that are bestowed by our Creator are the rights

bestowed upon all women and men to be free from violence and from prejudicial discrimination.

 

The necessary protection of these rights is enjoined in the Qur’ān.


It is also exemplified by the life of the Prophet Muḥammad, salla llāhu ‘alayhi wa ’ālihī wa sallam,

and most explicitly as spoken by him in his last khutba, his last sermon, at the end of his final ajj.

 

Muḥammad as Lawgiver

 

Sūrat an Nisā’ ~ the Women, embodies the entire fifth juz of the Qur’ān, spanning the latter part of

the fourth juz through the beginning of the sixth.  Most of its 177 ayāt are quite long, but relatively

simple and straightforward in their construction and grammar.

 

Much of the first part of this fourth sūrah of the Qur’ān establishes what in modern terms is called

the field of family law.  Fourteen hundred years ago, in a time without calculators or lawyers, these

ayāt establish laws of inheritance that were equitable to all family relations in almost all conceivable

circumstances, while giving first priorty to the declared wishes of the decedent.  Taking effect after the

written wishes of the decedent are carried out, the rules are mathematically simple and direct. 

Spousal support is provided for in the case of divorce, something not guaranteed under the laws of the

state of Texas until the end of the twentieth century.   Rules of child support and custody are established. 

These declarations take each child’s age and gender into account, with determinations based on developmental

age, and the relative strengths of the parents in meeting those needs at different stages of the child’s life.

 

4:34

 

Treatises have been written about the meaning of one word in the context of this ayah:  iḍribūhunna.

The root verb daraba can mean to set forth an example, to strike literally or figuratively, or to set forth on a journey.

Does the Qur’ān give permission for a husband to strike his wife or not?  Clearly not, is our opinion,

but we can hardly do justice to the fourteen centuries of scholarship on the issue in this short space.

 

The prophet Muḥammad’s beloved wife ‘Aisha said:  The Messenger of Allāh never struck a servant or a woman.

 

Aṭāʾ ibn Abī Rabāḥ, a Meccan scholar of the seventh century reiterated this message and the extensive examples

from the sunnah.


A century later, Aḍ Ḍārimī, a teacher of the scholars Tirmidhī and Muslīm, wrote a book chapter entitled

The Prohibition on Striking Women, based upon the entirety of the aḥādīth and the sunnah.

 

In ayah 4:34, a husband who encounters conflict with a wife (the precise problem is not specified),

is instructed to first admonish them.  If this is unsuccessful in resolving the matter, he is told

to shun them in the marital bed. If the problem remains intractable, he is instructed to separate from them.

But then if the conflict is resolved, he is instructed “not to seek a way against them.”

The sense of this phrase implies the possibility of further steps, divorce being the legal recourse available.

 

Over eleven hundred years ago, the Persian scholar Aṭ Ṭabari wrote that the Prophet never raised his hand

against one of his wives, nor against any slave, nor against anyone at all.  But when the Prophet

faced rebellion from one of his wives, he would stay away from them for twenty-nine nights, i.e. one month.

This certainly lends strong support to the understanding of iḍribūhunna to mean to go away from them.

This understanding is lent further support later in an Nisā’, ayatayn 94 and 101, when daraba is used to mean

to go forth [in the way of God], and to travel in the earth, respectively.

 

Indeed, in the Qur’ān God charges us, even in the context of war, to be kind to enemies captured in battle, Q60:8. 

So, we are told hands off our defeated foes, yet some would have us believe that it is acceptable to strike a wife?

 

To us, the meaning of 4:34 ought to be clear.  For some, it apparently is not so.

Indeed, God allows us to see and to hear as we will, within the limits of our gifts.


May God give us a vision of nonviolence and peaceful coexistence with even our enemies,

no less so with our spouses and children.

 

The Last Sermon of the Prophet Muḥammad

 

The last khutba, the last sermon given by Muḥammad at the completion of his last ajj, is

one of the most powerful statements on the equality of humankind and the equal rights of all people.

It is a truly universal statement.

 

As the original recitation of the Qur’ān was heard by hundreds or thousands of people,

it is the single most reliable of all the hadith.


In scholarly terms, it is the most mutawātir of all narrations, heard by thousands of muslims. 


It is Muḥammad’s last khutba from his final Ḥajj:

 

O people, lend me your listening ear, for I know not if I shall be, after this year,                        

ever among you again.  Therefore listen to what I am saying to you in this instant.

Then, take these words to the people who could not be here today:  O people, as you regard

this month, this day, and this city as sacred, so shall you regard every Muslim as sacred.


And so regard it a most sacred trust to protect life.  This duty is farḍ, so all must do so.


Also preserve property.  And, if loaned, then return what was placed in your trust to the owner.

Harm no one, and let nobody harm you.  Remember well you will meet God, Who knows all

that you do.  And as God reckons your deeds, well remember that usury has been directly forbidden.

And as all usury has been forbidden, and knowing Allāh sees the plain and the hidden,

Therefore all interest accrued is now waived.  Any capital shall with its owner remain.

You shall not bear nor inflict an inequity.  Allāh has declared as invalid all usury.


Ward off Satan for the sake of your religion.  He will try to trap you in small things petty and mean.

He has lost all hope he will ever be able to lead you astray in the bigger things.

Be ever wary of following him in small things.  It is woe alone his lies bring.        


And it is true that men have certain rights with respect to their women, but women have rights

with respect to their men.  So remember when one of you women or men would begin,

under the trust of Allāh, to abide with permission, the two of you both, side by side,

then to the woman belongs the real right to be fed, sheltered, clothed, and regarded with kindness. 


So treat your spouses well.  Always be kind to them.  They are your partners and helpers in kind. 

And it is right that a spouse not make friends with unsavory people, nor fail to be chaste. 


O people, listen to me now in earnest, and worship Allāh.

Say your five times ṣalah.  Fast during Ramaḍān.  Give your zakāh. 

And once if you are able, make ḥajj. 


All of mankind is from Adam and Eve.

And an Arab has no superiority over a non-Arab. 

And a non-Arab has no ascendance above any Arab. 

And no white is superior over a black, nor is any black superior over a white. 

And the only exception for both is by taqwā / piety / God consciousness.


Each Muslim is a brother to every Muslim, that all Muslims constitute one kinship.

Nothing shall be made legitimate to any Muslim by force or deceit. 


Do not take, unless it is given both freely and willingly.  Never succumb to your greed. 

And so this way, do not take injustice upon yourselves. 


And so remember that, before Allāh,

one day you will be called and stand in answer for all of your deeds.  So beware.


Do not stray from Allāh’s path of righteousness after I am gone.  O people, no prophet,

nor any apostle, will come after me.  No new faith will be born.  Reason well, therefore,

O people, and try to understand the words I convey to you here. 


I leave behind me two things, the Qur’ān, Allāh’s book, and examples of living, the sunnah. 


Follow these and you will not go astray.  All who listen carefully, hear what I say. 

Pass along my words to others, and those who receive them, pass them on to others again. 

And may the last ones who hear, understand my words better than those who are hearing me now. 


Yā Allāh.  You are my witness that now I’ve conveyed the whole message as You told me how. 


                                           *       *       *


~ Rasheed al Ḥajj abū Muṭahhar,  24 Dhūl Qa‘dah 1442 ~ 4th of July 2021











 

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