Martyr Motahari and women's rights in Islam (2)

The woman’s independency of ownership:

In view of martyr Motahari, the Quran as gives right to men in the outcomes of their work and their attempts , assigns the right for women in the outcome of their work and their activities, too. As we read in The Quran:
There is a portion for men of what they earn and for women of what they obtain. The Pre-Islamic Arab women had deprived the woman of any inheritance but, the Quran, unlike the usual manner explicitly recognized the women, like men, owner of inheritance. Men benefit from the properties, whose parents or relative left after their death, and there is also a portion for women of what their parents and their relatives left after them.
Woman, center of affection, not tools of the trade
The issue of defending the rights of women in the Western world, when came to its summit that the factories demanded the cheap women’s laboring. for the economic movement and turning the wheels of Industries , women became known as low - cost forces that should be pulled out of the houses , but when Islam talks about rights of women, nothing seen unless her dignity. The incentive which led Islam to gift the man economic independence, has not been except humanistic aspects, divine justice and friendship however; there was not issues like the interests of British industrialists that due to filling their stomach, passed this law, and then, by trumpeting spread in the world and advertised that we have recognize the women’s right and, we have considered of their right equal..
God has created women as the source for men’s soul relief. The woman has found that the more she provides the comfort her husband, the more, indirectly, she has helped her happiness as well as prosperity of her family. As found, of two couples, it is necessary that at least one not to be defeated by efforts and fatigues so that she can provide comfort for another’s soul, and in this task division, the one who is better to enter into life battle is the man and the one who better provides the calmness for the other’s soul is woman. There is no doubt that with the inspiration of alimony, the heavy mental, spiritual and emotional harm will be imposed on many families. According to Master Motahhari :
“I wish those have taken the axe and blindly destroying the solid foundation of our holy familial focus - built based on the holy celestial law - could think to the outcomes of the job and see a further beam.
Contemplate on the woman’s share of inheritance.
There are plenty of those who question: Why in the laws of Islam, there is inequality in the share of man and woman in heritage? The law is incompatible with equal rights because the share of women is half of man and the boys’ is two times than girls and the share of husband is twice the wife. It is only the father and mother that from their children if they have child equal to each of them inherit one - sixth. This is an old question and in the advent of Islam also some asked this question and the theologians especially the Imams (As) have responded. As Martyr Motahari writes:
Ibn Abi Al ouja has lived in the second century, and has not believed in God and religion. This man used the freedom of that time and expressed his secularist ideas everywhere, even, sometimes he came to Mosque of Al - Haram or the mosque Al -Nabi (PBUH) , and discussed with the scholars of the time about Monotheism , the resurrection and the principles of Islam . One of his protests to Islam was this: Why the poor woman who is weaker than man, should take one share, and the man who is stronger, take two? This is against justice and fairness. Imam Sadeq (AS ) , said that Islam has taken the rule of military from woman and in addition to dowry , has charged the man to pay alimony as well, and in some unwanted crimes that life relatives should pay Diego , the women from paying atonement and participating with others is exempt ; hence, the women’s share in the legacy is lessen than men. Imam Sadeq (AS) has explicitly considered the special situation of women’s due to dowry, alimony and exemption from soldiery and atonement.
In the past and before Islam, the women have been deprived of heritage and the quality and the level of deprivation and its reason in different communities has been different. Some for women and children upbringing in the family did not assume a role and considered the woman’s role as wealth transfer to strangers and considered his women and his children out of the relatives. Some, because have not considered a legal and economical independence personality for women, disinherited her. Since naturally, she could not take up arms in defensive affairs, the Arab of ignorance era disinherited her and when the verse of inheritance came, for some of them, it was a surprise: (verse)
Whatever the parents leave as inheritance is a portion for men and whatever the parents and relatives leave as an inheritance, whether little or much, there is also a portion for women, an specified portion. At the revelation time of these verses, the brother of Hassan ibn Thabit, the famous poet of the Prophet’s (PBUH) time passed away and his wife, and some of her daughter is left, but his cousins seized all his assets and did not give something to her wife as well as his daughters. His wife complained to Prophet Muhammad (PBUH). The prophet summoned them and said: the women can not wear weapons and stand in front of the enemy, it is we who must take the sword to defend ourselves and these women, then wealth should be owned by men, but the Prophet warned them of God's judgment.
In pre-Islamic Arabs, the so-called son of man inherits, but only the poor woman does not inherit, but also considered as the portion of inheritance. This deprivation of inheritance and other rights was not especially for pre-Islamic Arabs, but also in Greece and Iran of Samani also the woman suffered from great deprivations. In Islamic rules such discriminating attitudes was battled but this question has remained why the inheritance of men and women are not equal. Ostad Motahari in answering this question writes:
The reason that Islam has put the woman's portion of inheritance half of the man is a particular situation the women has in terms of dowry , alimony and military service and some criminal law.... . Because Islam considers dowry and alimony necessary because of that inevitably the women’s budget of life is reduced and men has been imposed on in this respect, so, Islam wants this impose to be compensated by heritage for this , has pronounced double inheritance for men. What we have mentioned regarding the inheritance of woman, was an overall look at the origin of the issue and the reason for the difference between female and male inheritance, but if a more detailed discussion is considered each case of types and subjects of inheritance dimensions has an interpretation and justification for its own and it is not mean that everywhere the woman’s inheritance to be lower than man.

Hijab and Chastity of woman:

of other evidences have stated for inequality between women and men, is the issue of Hijab. Some have speculated that Islam, by proposing the issue of veil, has wanted women to be trapped and thus has been deprived of the right to participate in cultural, scientific, social and economical situations and not to be unable to take advantage of the right of freedom. Some have analyzed the historical factors of this issue and has considered it born out of patriarchy and male supremacy. In response, we should note first that according to the Quran - Contrary to popular perception - Hijab or more correctly “chastity “is not dedicated only to women, but men and women both, equally are Quran’ addressee that should maintain modesty and chastity and avoid of debauchery and sexual illicit relations, so if there is a task too, men and women both are in common in it. Furthermore, chastity and covering stem from proper from a general and fundamental problem, and it is because Islam wants all types of sexual pleasures to be focused on family environment and legal marriage and does not go whims. Quran also commands men with the same addressing to women that take control of your looks, stop ogling and maintain chastity and purity. {Verse};
“Say to the believing men to close their eyes and hold their genitals. This is better for them, because God is aware of what they do and tell the believing women to close their eyes and hold their genitals and do not reveal their adornments except what is outward, and put their headscarves down the collar and do not reveal their adornments except to their husbands or fathers. As we see, in these verses the duties and the mutual rights of men and women is known in sociability and in the issue of Hijab and maintenance of purity women and men are the same. If we look at the issue of Hijab away from controversy and extreme interpretations, not only unequal rights of men and women will be interpreted, but rather it is a for laying sanctity and importance of women's rights , her character and her position. Professor martyr Motahari notes:
"Islam’s way is a moderate and balanced one. While Islam has taken utmost care to sexual purity, has not exerted any barrier to the development of human talent, but has made something that this plane far from any extremism to be implemented, therefore, either the spirits will stay healthy or the family relationships will become more serious and more intimate or community environment for proper activity of men and women better prepared. " .

A Look at the training and reforming rules:

Of other cases that on the issue of woman’s right are regarded as inequality between women and men and a kind of women’s weakening of the position is seemed of, is a verse that says imprison the wrong- doer woman up to the death time in the home. The question is why such a punishment, with no designated administrative authority the public has been sentenced to?
{Verse} Among women, one who commits prostitution, so when four people of you are being implemented against them, and they testified, confine women into the house until their death comes, or God offer them a way. Ostad Motahari writes in elaborating this verse:
“The interpreters say: the goal of another way –at the end of verse – points to this fact that this decree is transient and in the future another decree will com to them. The second verse, from the Surah of Noor which has expressed the rule of adulator and adulteress is the same that this verse, at the end, has expressed it.
{Verse} whip every Adulterous men and women about hundred one and if you believe in Allah and the Last Day, lest you! In the judgment of God than your both lucky feel pity and you when the implementation of rule, a group of believers must be present. As you can see, in this verse, there is no difference between the two sinful man and woman, every one of them who committed prostitution, have a certain penalty.
About verse of imprisonment, there are content and other explanations as well as interpretive books and here is not the opportunity to address them.

Male authorities in divorce:

The unilateral authority Islam has given to man in divorce, has been criticized by some that it would cause hurt and cumbersome effort for women. Men on unfounded grounds use this right and they are free because they could have used their legitimate use. These are examples of criticism have been made to authorities in divorce however, before discussing the main issue, w note a point as a prelude: there is much to discuss whether essentially the issue of divorce is an inadmissible case because, without doubt, a complete and transparent legal system such as Islam can not ignore serious life dead ends, because the experience has shown that between tens and hundreds of marriage, due to various reasons, a marriage can not continue. Is it to say that men and women to forcibly continue life or they must find a reasonable way for them. According to Shahid Motahhari the natural mechanism of marriage is that women to be popular and respectable in the family system; thus, if due to some causes she falls down from his position and the flames of man’s affection fade toward her and becomes disinterested in her, the base and fundamental pillar of society will be destroyed and a natural community will easily demolished. Therefore, Islam views such a condition with regret, and considers such a link as dead and disconnected, and does not want it to be legally recognized. According to Islam, the end of contempt for a woman is that man says, "I do not love you and I hate you," and then the law tries to force that woman to stay in the man’s house ... the law can force the man to take care of woman and pays her alimony, but is not forced to keep her in the position of the popularity as well as the centrality ; so every time the flame of love and passion of the man fades, the marriage is naturally dead. Man and woman’s nature is in a way that the man should be of interest and demand and the woman responses. Authentic and lasting love of women is that comes as a response to the interest and respect of a man to her. The nature, has given the key of the couples’ affection to each other. The Interest Of the woman to men is caused by passion and interest of the man hence, the key of termination of this interest is normally in the hands of man. This is the man who with indifference and disloyalty toward the woman makes her also cold and uninterested. Unlike the woman that if her lack of interest starts, does not die the man’s love, but sometimes makes it sharper and blackout favorite cold ....; the death of man’s interest and love is the death of marital life and the end of family life and, the man needs woman and women needs the man’s heart.
So, as usual, and in most cases, internal termination of a marriage rises of coldness and indifference of man and this naturally occurs, Islam also has given the right to man. A foundation that is based on emotion and its source has been placed in the heart of man, because from the dried up source, with the force of law, coercion and punishment, we can not arise them. If woman wants a divorce, but the man really feels in his heart love and loyalty for a woman, will be able to make the woman hopeful to continue the life. Islam wants familial link as natural and for this natural link, has specified special mechanisms which obeying it is necessary and non-infringement, that is, what makes the foundation of the family firm, is beyond the equality between women and men. Some have deceived themselves with the word of equality regardless of that equality is used by the associate of bodies and physics, but marital link requires something more than equality so that natural heart relationship to be established. However, Islam, despite the fact that has first given the divorce permission to the man, but has placed some obstacles in the way of the man in order to, as much as possible, the divorced does not occur and the man is being deterred. While, it has not allowed such obstacles and conditions for marriage for example, for divorce, woman’s being in Eddeh( a period when the divorced man has to wait according to the religion and after that she can marry), is a barrier to implement the divorce, so that for its implementation, the presence of two witnesses is required.

Arbitration, Mediation and Arbitration of Family

Of other solutions that Islam has predicted to avoid divorce, is arbitration and domestic arbitration, so that an arbitrator on behalf of the men and one arbitrator on behalf of the women come together to improve and provide reform. The Judges who are aware of the situation of relatives, men and women do their best to correct and resolve the dispute. Then, after the required effort and disappointment of the effort, if they determined that there is no hope to keep on living, inevitably adopt divorce, but if the slightest hope seen for the continuation of life, they would try to prevent their separation. {Verse} If you fear that split happens between the couple, choose one judge from the woman’s family and one from the man’s ; if the judges have had the intention of reform, God will creates agreement between them; Allah is Knowing and cognizant. "There is dispute among scholars whether forming arbitration is obligatory or recommended; the researchers believe that it is the government's duty and it is obligatory.

Service records in the family

in the wickedly divorces that woman is out of fault, the service records of women is not being destroyed and the achievement of the joint efforts is not given the men out of charge.
Women in terms of activity, has complete freedom, and whatever does is belong to him and he is not right to appear in front of a woman like an employer. Islam, with economic independence given the woman moreover; it has given her living cost as well as her children’s to the man and has bestowed her complete opportunity so that she can enrich herself in terms of property , wealth and the facilities of a decent life from man . In a way that divorce and separation from that point of view, does not worry her. Woman all the things that she has provided for her life and home must considers belonging to herself and the man is not right to take them.

Woman and the right for divorce

Natural and as usual , the right to divorce is by man, but woman can also in some cases and according to some conditions, have the right to divorce , including that she can receive the right to divorce in the form of law, and because the man can not avoids of his client and take the right of women ‘s expropriation , if necessary under some condition the women absolutely or in special cases can make herself divorced thus, in terms of Islamic jurisprudence the woman naturally does not have the right to divorce , but arbitrarily, she can have the marital condition for divorce. In some cases, the judicial sentence obtains the right to divorce, and it is when the man neither obeys marital duties and attracting the wife’s favor nor the divorce , because if the man wants to live with her , he should take care of her well , respects her rights and satisfactorily associate with her , and if not , well and undisputedly divorce her , and he should not refuse to divorce her and pays her required payments including another price as gratitude to her. If a man maltreats his authorities and abuses of women’s divorce - not because of living and espousing, but because of preventing the future marriage of a woman with a suitable spouse and according to Quran keeps her hanging and the solution is in the control of ruler of sharia.
Shahid Motahhari after discussions about the importance of fairness and justice in Islam, narrating from the treatise of prominent scholar Allama Hala writes: If the man does not meet his obligations towards his wife and also avoids the divorce, what is the female task? And how the man should be treated? Here two ways are being assumed: one is that the ruler of sharia have had the right to interfere and by implementation of divorce ends to the dispute and second, the woman, by her own, avoids of her obligations towards the man. But from the first point of view, that is, the interference of the ruler of sharia, we see on what principles and what legitimates the governing authority has the right to interfere in such cases?
That is, the right to divorce [return] is not more than two occasions, since then, or keeping satisfactorily, or releasing her well and says [verse}: whenever you have divorced the women and their deadline is reached, or keep them in an accepted way, or release them in an accepted way. Do not keep them at home to harm or oppress them, and everyone who do so, has oppressed himself.
From These verses, a general principle is used, and it is that any man in the family life, should use one of the two options, or do well all the rights and obligations or cut the marriage link and release the woman. The third option means not to divorce the woman and does not well and satisfactorily take care of her that such a thing is not exist in Islam. The Quran verse excludes the third option and it is not unlikely that the mentioned sentenced have had the vague concept so, either includes the cases that the couple deliberately and by fault makes the life difficult for his wife or including cases despite the fact that the wife is faultless but, keeping women is not something unless risk and harm for her. Therefore, of all the above discussions we can certainly understand that Islam never allows the pushy man to abuse the women’s right to divorce and keep the woman as prisoner.

Polygamy and inequality of men and women’s rights

In the Islamic law, the man is allowed to choose more than one wife while the woman does not have the right to choose more than one husband because the most natural form of marriage is monogamous marriage? But we must know that the polygamy of men is also resulted in harsh spiritual, cultural, moral and legal consequences. We read in the Quran: If you fear that you can not do justice among the orphans from the women how many you like choose two, three, or four and if you fear that you do not treat them fairly, just marry one, or what you own, this way is better not to commit injustice.
Regarding this verse, different interpretations and justifications have been made; one of its aspects is that as you must follow the way of justice by ignorance method, choose the women freely, or choose the captive or slave women.
Quran in this regard established another limitation that in written of martyr Motahari has come: it has conditioned the Justice and did not allow any discrimination between women and their children to take place. The Quran explicitly said:
if you fear that not to do justice, that is, if you are not confident that treat them with justice, so only rely on one. It is clear that justice and fairness - that Islam has considered it serious and detailed - is a difficult job and according to Quran and if someone feared that not to treat fairly, he must be satisfied with one wife. At the end of this topic, the professor writes: The question why Islam did not reject polygamy and considered what terms, scopes and conditions to them …, in fact, Islam by insisting on polygamy has not wanted to despise the women, but also by this way has provided the greatest service to female sex. If the permission for polygamy - in terms of the numerous women ready for marriage - is not given, then, the woman in the worst possible way, will be maltreated by man and man’s behavior toward him will be even worse than a slave, because man in front of a slave, at least admits this commitment that to call her child as his own child, but in front of a mistress or the beloved is not so committed.