HUMAN RIGHTS

Writing on philosophy of human rights in Islam, Maulana Modudi said “when we speak of human rights in Islam we really mean that
these laws have been granted by God; they have not been granted by any king or legislative assembly. The rights granted by kings or
legislative assemblies can also be withdrawn in the same manner in which they are conferred. The same is the case with the rights
accepted and recognized by the dictators. They can confer them when they please and withdraw them when they wish; and they can
openly violate them when they like.
But since in Islam human rights have been conferred by God, no legislative assembly in the world, or any government on the earth
has authority to make any amendment or change in the rights conferred by God. No one has the right to abrogate them or violate
them. Nor are they the basic human rights which are conferred on the paper for the sake of show and exhibition and denied in actual
life when the show is over. Nor are they like philosophical concepts which have no sanctions behind them.
The early authorities did not define the term Haqq to its metaphysical or logical dimension. They used it for the most part to denote a
legal right rising from the shariah, such as the wife’s right to maintenance, the right of presumption, right of custody… But this
definition is shaky and inadequate as it does not cover the rights of Allah which are so important in Islam. For this reason, the
Egyptian scholar Shihab al-Din al-Qarafi divided rights into two parts: the rights of God (Huqooq Allah) and the rights of men (Huqooq-
al-ibad).
Huqooq ul Allah and Huqooq ul Ibad are the two most important aspects in a life of a Muslim to complete his faith. Huqooq ul Ibad is
the duty we owe to mankind, the rights of every Muslim on the other Muslim. A Muslim who fulfils the Huqooq ul Allah will also fulfill
Huqooq ul Ibad. As in Quran 2:83 Allah states: “Worship none but God; and be good to parents, and relatives, and orphans, and the
needy; and speak nicely to people; and pray regularly, and give alms.” Then you turned away, except for a few of you, recanting.

HUQOOQ ALLAH (RIGHTS OF ALLAH ON US)

Believe in oneness of Allah (Touheed) ‫ٰامنت با اللہ‬
1. Believe in Angels ‫و مالئیکتہ‬
2. Believe in all His divine books (Quran being the final book of Allah) ‫و کتبہ‬
3. Believe in all Allah’s messenger ‫و رسلہ‬
4. Believe in Qadar (destiny) ) ‫والقدر (خیر و شرمن اللہ تعالٰی‬
5. Believe in resurrection and day of judgement ‫والباس بعد الموت‬
6. Prayers
7. Fasting
8. Hajj
Zakat is the only act that can be classified as both Huqooq Al-Ibad and Huqooq Allah because Allah is the ultimate owner of
everything so he asks us to spend on his path which is His right

HUQOOQ AL-IBAD
Rights of Muslim over another Muslim:
1. Reply to his salaam
2. Visit sick Muslim brother
3. Attend funeral of Muslim brother
4. Accept his invitation
5. Give advice if he seeks
6. Reply when he sneezes and praises Allah

Rights of fellow beings on us – Humanity in General (regardless of their religion)

Rights of our beloved Prophet — Believe in him as Allah’s prophet ‫ﷺ‬, follow his teachings and defend him, spread his
message, say salutation to him whenever his name heard, love his friends and hate his enemies etc

Rights of Parents — Islam ranks the obedience to parents second only to God. Paradise lies underneath the feet of mother. If my
mother was alive, you would see what I would have done. I would be at mussala in Isha’s prayer and would have been reciting surah Fatiha. My mother
would call MUHAMMAD! I would break the salah and reply labaik amman jaan. Baap teri jannat ka drwaza h kholna torrna nahi. Moosa a.s qissa.
None shall even raise his voice higher than the voice of his parents-nor look towards them even eye to eye-nor walk in advance of
them-nor address them with their names.

Rights of Neighbors — Prophet ‫ ﷺ‬said that he is not momin whose actions bother his neighbors. Even said that don’t hurt
neighbor’s feeling from the smell of your meat. Either add some water in it and send one bowl to his house or cook in such a
condition where the smell couldn’t reach his house. ‫کو‬ ‫دوپہر‬ ‫وہ‬ ‫ہے‬ ‫سلا دیتی‬
‫سے‬ ‫ڈر‬ ‫بچوں کو اس‬
‫آ جائے‬ ‫نہ‬ ‫والا‬ ‫بیچنے‬ ‫کھلونے‬ ‫پھر‬ ‫میں‬ ‫گلی‬

Rights of Wife — Behtreen insaan wo h to bv se achha salook kre. Gave example by action. One day aisha was drinking water.
Prophet ‫ ﷺ‬came and said left some water for me. Took glass and put lips at the same position where Ayesha placed and drank water.
Wife should safeguard her chastity and his wealth, she should not divulge husband’s secret, when husband is desirous of her, she
should oblige, and she should not invite any person if husband disapproves that. She should not go out without his permission

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Rights of Husband & Wife — Meri shariyat mn agar sajhda hota to bv se kehta k khawand ko kre. Take care all her financial
needs which includes place to live, sustenance, health care, clothing etc. Pay her “Mehr”. Should not force her for work to earn
livelihood, it is prime responsibility of a husband in Islam. Treat her with love and affection, do not divulge her secrets, and Respect
her relatives. Help her in household work, spend time with them. Always smile and remain happy when you are with the wife. Forget
and forgive faults of your wife, never insult or humiliate your wife, never curse the wife, do not try to find fault in her, do not be
suspicious about her, never overburden her with services to you and especially services of your relatives, i.e. her in-laws, must earn
legitimate income to feed wife and children etc. In Islam the man is not allowed to touch her wife’s money without her will
Rights of Widow — Tumhen behtreen sadqa na baton sahaba ne poochha kya farmaya jis bachi ko talaq mil chuki ho aur wo ghar
bethi ho us bachi pr kharch krna kainat ka afzal tareen sadqa h. Prohibited in Islam to love wife in front of widow.
Rights of Poor — Prohibited to show off wealth in front of poor
Rights of Children — Give them the best education possible both, Islamic and worldly, treat them with love, affection, teach
them Islamic etiquettes at the very young age. Spend time with them, take care their emotional needs when they are growing up.
Watch what they see and do and who their friends are. Participate in their physical activities. When they grow up, help and guide
them in finding good spouses for them but never force your choice on them. Never curse them
Rights of Orphans — Once a man asked Muslim who was previously kafir that what made you to accept Islam? He replied only the one event of
seerat caused me to change my belief. He said once the congestion was going on. A man said o prophet ‫ ﷺ‬pray for my child; he is lost for few days.
Pray that I may succeed in finding him. Before it that prophet ‫ ﷺ‬would raise his hand and all the door of qabooliyat would open, a man among the majlis
stood and said O prophet ‫ ﷺ‬I have just arrived here by that garden and I saw his child playing there with some children. When the father heard of his
child playing in that garden he rushed towards it. Prophet ‫ ﷺ‬order to recall him. Recalled. The man said prophet ‫ ﷺ‬I am so sorry but you are better
aware of a father’s feelings for his child. Huzoor said surely I know but I have called you just to tell one thing. When you find your child playing there with
other children, don’t call your son by O child! Call him by his name. The man asked he is my child what’s bad if I call him as o child. Huzoor replied
there’s nothing bad but I am afraid there might be any other child like yours who would had been away from his parent for many days, if he might heard
you calling o child with such affection and love, he might get hurt.

Rights of guest — Host should do his best to make guest comfortable in his home, give him the best treatment, including food and other
amenities

Rights of Animals — Animal has rights over humans that they are treated with love and gentleness, do not beat them, feed them
if they are hungry or thirsty, and give shelter if environment is too harsh outside. Never involve in animal fights like dog fighting, cock
fighting etc. It is very cruel and totally against the teaching of Islam. Do not cage birds unnecessarily (exception could be as a pet,
but make sure you take care their all needs including health, still preferable not to confine them in cages).
Rights of Employer on Employees — (Employees must perform the work according to agreed contract, Do not take extra
time in breaks and lunch then agreed upon. Never steal stuff from employer's business. Be loyal to them as they are source of their
livelihood through Allah
Rights of Environment — Allah has made this whole universe to serve us, which includes, sun, moon, stars, oceans, rivers,
trees, sky etc, it is the right of these things that we take care of them, not abuse them, like polluting water in rivers/oceans, cutting
unnecessary trees, industrial pollution to effect ozone layer, gases emission to pollute the atmosphere which effects all living beings
(human, animals). We will be asked about the wastage of water resources and polluting our environment etc.
Right to protection of trusts — He who (amongst you) has any trust with him, he must return it to its owner… (The Last Sermon of Holy
Prophet ‫)ﷺ‬

Right to privacy — “O you who believe! enter not houses other than your own without first announcing your presence and
invoking peace (salam) upon the folk thereof. That is better for you that you may be heedful. Nisa 24:27
Rights of Quran — Finally, one more right, which we mostly overlook, the Quran (the ultimate guidance to all humanity, a great gift from Allah to
us) has also some rights on us. There are 4 distinct rights Quran has over us. 1) Read it. 2) Understand and ponder over it. 3)
Implement it in our life. 4) Spread its message to everybody. It is mentioned in a Hadith by our beloved Prophet ‫ ﷺ‬that Quran will be
a witness for you or against you in front of Allah on the day of Resurrection. Also, Quran says in Surah Furqan 30 “And the Messenger
will say: “O my Lord! Surely my people deserted this Quran [neither learned, nor acted upon it] ” We must make sure especially as a Muslim to
fulfill the Rights of Quran over us.
Once prophet ‫ ﷺ‬asked who is poor? Sahaba said one who hasn’t enough money. Prophet ‫ ﷺ‬said no. The poor in my ummah is the one who had very
big deeds like Namaz, roza, zakat, hajj, umrah, jehad, tableeg, zikr, tilawat but would have destroyed the human rights false accusation case against
someone, qabza on someone’s place, false shahadah, beating servant, they all will come and say ya Allah our right. Allah will say give this amount of
roza in that man’s account, that amount of ajr in that man’s account..going on…there would be no left good deeds in his account but there would still be
people for their right. Allah will say put that man’s bad deeds in his account, put that man’s zina in his account etc, therefore would go to jahannam.

Killing one’s right is so dreadful that on the day of judgment, Allah will call shaheed and say pay this man’s right that you seized. Shaheed said ya Allah!
that was in the world. Allah will say I have accessed it here. Shaheed will say ok where is the man? Allah will order angels to take him to the man lying in
hell. The hell has seven sections Jahannum, Hutama, Laha, Saeer, Saqee, Jaheem, and Hawiya. Hawiya is reserved for munafiqeens. That man will be in
hawiya. The shaeed, crossing all the sections of hell, will reach at hawiya, pick him up will go at the top. As he reaches at the top, Allah will give him
blow and he will be at the bottom. This is happening with shaheed. Note that the shaheed is the second greatest rank after prophets. So, if a common
man seizes someone’s right, just imagine what will be of him.
 In rights of human, the very first question asked will be about murder biayi zanbin qutilat and in rights of Allah it will be of Salah. JaHuLa
Saqee, JaHa

STATUS OF WOMAN BEFORE ISLAM

Let us analyze what was the status of woman in the past civilization. When we read the history of Babylonian civilization, it states the
women were ill-treated and if a man committed a murder, his wife was put to death. This was the law.
 If we read the history of Greek civilization, they believed in an imaginary woman named Pandora who was the cause of
all evils in the society. In that great and Greek civilization, woman was used for sex and pleasure. Prostitution was
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 common. As far as having woman, they had no limit on how many wives they could have or concubines or just mistresses. Nobody
could say anything. They could have all the girlfriends they wanted. (Kind of like united states today. Can anybody describe what the legal limit of
having gfs? They have a legal limit on how many deer you could shoot. They have a legal limit of how many fish you can catch but they don’t have any limits
on how many gfs or bfs or bfs and gfs that you can have. Even if you are married, there’s still no limit go for it but they seem to be criticizing Muslim for
having two wives. That’s disgusting, that’s despicable.)
 When we read the history of Roman civilization, even in roman civilization, the women were looked on upon. Nudity
and prostitution were common.
 When we read the history of Egyptian civilization, the woman was considered as an evil and she was called an
instrument of devil.
 When we read the history of Arabs, before Quran was revealed, they buried the female alive after born.

Alhamdulillah after the revelation of Quran, this evil practice was stopped but it persisted in other parts of the world. Islam,
Alhamdulillah, uplifted the woman, and gave rights to woman and it also stated how woman should maintain that status.

STATUS OF WOMAN AFTER ISLAM

In the midst of darkness that engulfed the world, the divine revelation echoed in the desert of Arabia, with fresh, noble and universal
message to humanity.

It is mentioned in Bible, Genesis chapter number 3:23, that Adam and Eve when were in the Garden of Eden, they disobeyed the
commandment of Allah. God punished them and put them out of the garden and said, as mentioned in chapter Genesis 3:16, you
(women), because of their disobeyed God, you shall give birth to child in pain and your desire shall be that of husband. According the
Bible, pregnancy is a curse on woman. In Christianity, in bible, the full blame is put on the woman. Eve! Eve! Eve! In Quran there’s
not a single place in Quran where the blame is put only on Eve. The blame is equally put on both Adam and Eve. In Surah A’raaf 7:19-
27, which states ‘’Adam and Eve both disobeyed God, both of them they repented and both of them were forgiven. The blame is put
equally on them. There is not a single verse in Quran where the blame is put only on the Eve. But there is a verse in Quran in Surah
Taha 20:121 in which Adam specifically, is blamed.

 The men-believers and women-believers are auliya (helpers, supporters, friends, protectors) of one another Quran 9:71
 And the male is not like the female Quran 3:36
 Above point shows no superior. Just different roles. Superior only in deeds.

RIGHTS OF WOMAN IN ISLAM

As a fundamental principle of its system, Islam holds that woman is a human being and she has a soul similar to that of a man. Thus,
men and women are quite equal to each other in their origin, their abode as well as in their place of return. Islam gave her the right
to life, to honor, to property and dignity like men. She is a respectable being and it is not permissible for anyone to find fault with her
or backbite her. No one is permitted to spy on her or hold her in contempt due to her functions as a woman. “O ye who believe! Let
not some men among you laugh at others; it may be that the (latter) are better than the (former); nor defame nor be sarcastic to each
other by (offensive) nicknames.” (Hujurat 49:11)

ECONOMICAL
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 Islam gave the economic rights to women 1400 years ago, 1300 years ago before the western world.
 In Islam a woman is financially more secured. Before she is married, it is the duty of her father and her brother and after
marriage it is the duty of her husband and son to look after her financial aspects. Boarding, clothing and all the financial aspects.
She doesn’t need a work for living. Financially she is secured.
 It is the duty of the man in house to earn for living. But if both the ends don’t meet and she wants to work. She can work as long
as within the preview of Islamic Shariah. Because there’s no verse that prohibits her from work as long as it goes against Quran
and hadeeth
 Many professions are prohibited for the woman. Those professions which exhibit the body such as modeling, dancing, and acting
are haram in Islam. She can take noble professions such as teaching, sewing, knitting, etc. If she earns, she cannot spend it on
family because Islam didn’t give her responsibility to feed the family, its man’s. That’s only her right. If she wants to take part,
she can spend but no one can force her.

EDUCATIONAL
 The first guidance revealed by Allah wasn’t to give charity, wasn’t to offer Salah, not to fast but it was Iqra. The first five verses
in the surah Iqra ch: 96:1-5, surah aayat then translation. Iqra bismi rabbi kallazi khalaq applies to both man and woman.
 Holy prophet Muhammad ‫ ﷺ‬said in Sunan Ibne Majah vol 1 hadith 224 talabul ilmi fareezatil ala kulli Muslim. To gain knowledge
is obligatory on all Muslims. The prophet ‫ ﷺ‬specially told the parents to educate the children specially the daughters.
 According to a hadith 101 mentioned in Sahih Bukhari volume 1 book of knowledge: Prophet Muhammad ‫ ﷺ‬would especially
dedicate time to educated women. He also sent sahabs especially, to educate the woman.
 If we read the history of Islam, in the days of ignorance, there were many women who were scholars. The best example I can
think is Ayesha r.a. One of her student said: I haven’t come across a greater scholar than Ayesha r.a in learning Quran, lawful
and unlawful things, in poetry and literature. She lived after the prophet ‫ ﷺ‬and guided many sahabs. She even guided all the
khulfa e rashideen. History tells us she has taught no less than 88 different scholars. So, in short she was the scholar of scholars.
Another example is Saeeda Nafeesa. She taught many students. One amongst them was Imam Shafi. Next example is Ayesha
bint-e-Saad ibn-e-abi Waqas, she do was a scholar and amongst her students, one of the students was Imam Malik. It is the result
of such great women’s knowledge that gave us the most intelligent imam’s like imam Hanbal, Shafi etc whose verdicts are
considered as the backbone of Islam after Quran and Sunnah.

LEGAL
 If we read the history of Britain, the struggle for rights for women started in 1897 and in 1918 they got their right even right to
vote. Still they got 385 votes in favor and 55 votes in opposition. They got right of vote only on condition that no less than 30
years old woman can vote.
 If we read the history of women rights in America, there were no women rights in the declaration of independence of America
released in 1776. From 1776 to 1920 women kept on struggling ware for their rights. By amendment in 19 th article they got their
right to vote.
 If we read the history of France, the struggle started in 1848 but they got their right to vote in 1944 after a period of long
struggle. In the book human rights in Islam by Tahir-ul-Qadri there are 144 western countries mentioned which got their women
legal rights nearly from 1920 to 1945 since their inception. On the other hand, rights for which women had to struggle for a
couple of years and decades, Islam gave them 1450 years earlier through the revelation on prophet Muhammad ‫ﷺ‬.
 Alhurra bilhurri means a free man will be murdered for a free man not a slave for a free man, Walabdu bilabdi and slave for slave
not free for slave, Walunsa bilunsa a woman for a woman.
 If a woman wants to take Khula (talaq) she has the right to take. Example a woman came to Muhammad ‫ ﷺ‬said I don’t like my
husband…. Now one may ask if she has the right to take Khula why she requests her husband for that. Why by default it’s not in
her hand like man? So, the answer is before marriage she was secured by father and brother. After marriage she was secured by
her husband and after taking Khula it’s her parent’s responsibility to secure her, if not, then it’s the society’s if and if not it’s the
Islamic state’s. So overall the woman is secured by all means. It’s the man who is at the loss financially and in other means.
That’s why the right is by default in the hands of man.
 Full right for second marriage after her man dies.

POLITICAL
 In surah Tauba 9:71 Allah say that the believing man and believing woman, they are supporters of one another. Not only socially
but even politically. This includes the right of election as well as the nomination to political offices. It also includes woman’s right
to participate in public affairs. Both in Quran and in Islamic history we find examples of women who participated in serious
discussions and argued even with the prophet ‫ﷺ‬.
 Example from Quran — Surah Mujadilah (The Pleading Woman) 58:1 states “Indeed, Allah has heard the argument of the
woman who pleaded with you ˹O Prophet ‫ ˺ ﷺ‬concerning her husband, and appealed to Allah. Allah has heard your
exchange. Surely Allah is All-Hearing, All-Seeing.” (Dr. Mustafa Khattab, The Clear Quran)
Explanation: A companion named Khawlah bint Tha’labah had a disagreement with her husband, Aws ibn Aṣ-Ṣâmit, who then
told her that she was as unlawful for him as the ẓahr (back) of his mother. This statement had been considered to be a form of
divorce (known as ẓihâr) in Arabia. Khawlah came to the Prophet (‫ )ﷺ‬to ask for his opinion. He (‫ )ﷺ‬told her that he had not
received any revelation in this regard, and that, based on tradition, she was divorced. She argued that she and her husband had
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 children together who would suffer if their parents were separated. Then she started to plead to Allah as the Prophet (‫)ﷺ‬
repeated the same answer. Eventually, this Medinian sûrah was revealed in response to her plead, thereby abolishing this
ancient practice.
 Example from Islamic History — Once H. Umar, the second caliph of Islam, was discussing with companions that should
we put an upper limit for the meher? Because there were some cases in which woman decided an upper limit of meher. So, he
was deciding with companions that should we put an upper limit? A voice raised the back seat of the mosque. Her name is not
mentioned in any book which indicates she was an ordinary woman not a great scholar who objected from the back seat of the
mosque and said that when Allah swt has not put an upper limit (because the Quran says in surah Nisa 4:20, you can even give
an enormous amount of gold) so when Allah hasn’t put any limit who is Umar? And the caliph of Islam H. Umar replied Umar is
wrong and the woman is right.
 There are chapters in Sahih Bukhari which state women even took part in battlefield. They go to the frontline and gave water to
the soldiers. They gave first aid to the soldiers. There is an incident mentioned in Sahih Bukhari when a lady named Nafeesa,
during battle of Uhud, she was among the companions who were protecting Prophet ‫ ﷺ‬and while doing that she received
wounds. The prophet ‫ ﷺ‬praised her for her bravery.
Note: In the modern era, Pakistan became the first Muslim-majority state with an elected female head of government — Late Benazir Bhutto (1988). Currently, Bangladesh is the
country that has had females as head of government continuously the longest starting with Khalida Zia in 1991. The current female head of the Bangladeshi government is Shaikh
Haisna Wajid.

SPIRITUAL
 There is a very common misconception especially among westerns that in Islam paradise is only meant for the men. Only for the
males. This misconception can easily be rectified by quoting only just one verse of the Quran in surah Nisa 4:124 where Allah swt
says that if any of you do deeds of righteousness be it male or female and has faith will surely enter Jannah, and not the least to
justice shall be done to them. The message repeated in surah Nahl 16:97 Allah says if any of you do good deeds be it a male or
female and is a believer we will surely reward for what he has done and we will make him lead a good life. These verses crystal
clear that going to paradise depends only upon faith and righteous deeds, iman and amala salihaa.
 Allah says in surah Nisa 4:1 O human kind refrain your guardian lord who has created you from a single person and has created
his mate of like nature. That means the mate of man, female, bears the same spiritual nature as that of woman. Further verse
mention in surah Shora 42:11 fatrus samawati wal arza ja’ala lakum min anfusikum azwajijkum. It is you has created the heaven and
earth and created like nature his mate.
 The spiritual aspects of the man and woman has been described in a nutshell in surah Ahzab 33:35 which states for Muslim man
and woman, for believing man and woman, for devout man and woman, for true man and woman, for man and woman who are
patient as well as constant, for man and woman who humble themselves, for man and woman who give in charity, for man and
woman who guard their chastity and modesty, for man and woman who are engaged in Allah’s praise, for them, Allah has
prepared forgiveness and ample of reward. By reading this verse we come to know that the spiritual duties of man and woman in
Islam are the same. Both have keep give shahadah, both have to say prayer, both have to keep fast, both have to give zakat (if
woman has enough wealth required to paying zakat), both have to perform hajj, both have to keep patience. But there is special
relaxation to women in religious obligations.
 In terms of religious obligation, such as the daily prayers, fasting, poor-due, and pilgrimage, woman is no different from man. In
some cases indeed, woman has certain advantages over man. For example, the woman is exempted form the daily prayers and
from fasting during her menstrual periods and forty days after childbirth. She is also exempted from fasting during her pregnancy
and when she is nursing her baby if there is any threat to her health of her baby’s. If the missed fasting is obligatory (during the
month of Ramazan) she can make up for the missed days whenever she can. She does not have to make up for the prayers
missed for any of the above reasons. Although women can and did go into the mosque during the days of the prophet ‫ ﷺ‬and
thereafter attendance at the Friday congregational prayers is optional for them while it is mandatory for men (on Friday.)
 If both man and women are spiritually equal why women hadn’t given nabuwa since then? Why only men are bestowed with such
greatness? So the answer is due to her few natural weakness and compulsions like menstrual period (she cannot read Quran, she cannot keep fast
when have a child that needs milk if keeps fast will have to feed the child affecting both her and child’s health) she cannot be the messenger but
she can the woman of the messenger. She can be the mother of the messenger. The mother underneath whose feet, the paradise lies. Is it a less
respectable rank?

SOCIAL
As a daughter
 The Quran prohibits killing of any child male or female. The Quran in surah Taqveer 81:8-9 says that when the female child is
buried alive and when she is asked for what crime she is killed. In surah Anaam 6:151 Allah says that kill not your children for
want of sustenance for it is Allah swt who gives sustenance to you and your children. Allah repeats the message in surah Israa
17:31 kill not your children for want of sustenance for its Allah swt who gives sustenance to you and your children.
 There was a program that aired on BBC titled Let Her Die reported British reporter Emily Bechanan who comes from UK and
does a tour of India and she says that every day more than 3000 fetuses are being aborted in India after being identified as they
are females. If we multiply this figure by 365 the result crosses the millions of females being aborted.
 There are big billboards in states such as Rajisthan and tamilnadu seeing spend 500 rupees and save 500000 rupees indicating
do the sonograpy. Identify the children if it’s female, just abort her. Due to such evil practices, the sex ration in India is
imbalance. According the census of 1981, for every thousand males in India there were 934 females. As the science is
progressing it is making easier to identify child and so the ration is decreasing as well. According to the census of 1991 for every
thousand males there were 927 females.

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 Allah almighty does not only prohibit the killing of female child He even rebukes the thought of a person becoming sad at the
news of a female child. Quran says in surah Nahl 16:58-9 that the news is brought to one of them of the birth of a female child
his face darkens and he filled with inward grief and starts thinking that should he let her live in contempt or should he burry her
alive? Ah what an evil thought.
 Our prophet Muhammad ‫ ﷺ‬said, mentioned in Sahih Muslim Vol 4 Book of Birr wassilah hadith 6364,s that anyone who up brings
two daughter with love and affection till the grow up, will be as close to me as these two finger are close to each other. In
another book
Masnad Ahmad Vol 3 hadith 14247 anyone who up brings two daughter with love and affection till they grow they shall enter
Jannah
 Prophet ‫ ﷺ‬did not talk about equality but actually practiced it. Once there was a man who kissed his son but did not do the same
for his daughter. The prophet ‫ ﷺ‬objected him and said that the man was unjust. He should have kissed her with the same
affection as to the boy.
 Killing daughter after birth is strictly prohibited in Islam. They would have killed her in the very womb. Since they hadn’t modern
technologies so they killed after birth. The modern form of this crime is abortion in which the child is dropped in the womb before
the birth. In Qayamah, the first question asked will be about Islam and the first judgment will be regarding murder.

As a Sister
 The Quran says in surah Toba 9:71 that believer-man and women are supporter, helper to one another. That mean they socially
support each other. They are like brothers and sisters. And Prophet Muhammad ‫ ﷺ‬has referred to the women as shaqaq. One of
the Arabic word shaqaq means the sister the other meaning is one half and we know that the world population is divided
approximately into equal halves, half male and half female and prophet ‫ ﷺ‬referred to the woman as a sister.

As a Wife
 Most of the other religions beside Islam consider woman as the instrument of the devil but the Quran refers to the woman as al-
mohsina. Mohsina in Arabic means a fortress against devil. Because the pious woman will keep her husband from deviating and
going to wrong path and keep him on sirat mustaqeem. Therefore, she is called Mohsina, a fortress against devil.
 The Quran in surah Nisa 4:21 refers to marriage, to nikah as a secret covenant, a secret contract between a husband and wife.
The Quran says in surah Rom 30:21 that we have created for you, mates for among yourselves so that you live with them in
tranquility and He has put love and mercy between your hearts.
 The prophet Muhammad ‫ ﷺ‬said, mentioned in Sahih Bukhari vol 7 in the book of Nikah ch:3 hadith 5066, he said o young people
who ever has the meets to get married should married. Prophet ‫ ﷺ‬also said there is no monasticism in Islam and the prophet
‫ ﷺ‬said anyone who gets married he completes half his deen. It never means that if one marries twice he completes his full deen.
It means marriage prevents you from fornication, from homosexuality.
 For a marriage to take place, taking the permission of both the man and the woman is equal important. The Quran says in
surah Nisa 4:19 do not inherit the woman against their wishes. There’s a Sahih hadith in Masnad Ahmed vol 3 hadith 2469 where
a lady approached prophet ‫ ﷺ‬and said my parents have forced me to marry a man against my wishes. The prophet ‫ ﷺ‬said she
has the option of either continuing the marriage or nullifying the marriage. A similar hadith mentioned in ibne Majah vol 3 book
of nikah hadith 1875 woman approaches…..continue or nullify…and the woman says I continued the marriage but I wanted the
women to know that the parents cannot force their daughters to marry someone who they don’t like.
The Quran says in surah Baqarah 2:228 that “And they (women) have rights similar to those (of men) over them, and men are a
degree above them. Based on this verse of Quran man and woman are equal except in leadership. Now man of the Muslims they
misunderstand this ending phrase man has a degree of advantage. They think that men are superior and they quote the verse of
Quran Surah Nisa 4:34 arrijalu qawammuna alanisa that men are superior to woman. The verse means men are the qawamu of
women. Qawam comes from the rot word aqamah which means stand up for as we aqamah for Salah (mentioned in tafseer of
Tabri). We stand up for Salah. So, this Arabic word qawam means the men have one degree of additional responsibility
(maintenance and protection) and one degree additional service towards the woman. Not one degree of superiority to boss over
the woman. Because of that additional responsibility man should take care of woman not boss over them. It implies no
superiority or advantage before the law. Furthermore, in surah Nisa 4:19 Quran says treat you wives with equity and kindness
even if you dislike her.
 In Islam we don’t consider the woman calling as house wives. If we analyze the word house wives it means she is married to
house. You know in English what is the profession? Housewife. We in Islam prefer calling the woman as homemakers because
they make the home. They build the home. And in Islam a woman is not married to a master to be treated like a slave. She is
married to an equal and the role is that of partnership. The Quran gives a very good phrase in surah Baqarah 2:187, the almighty
God says hunna libasullakum wo antum libasullahun that they are your garments an you are their garments. What is the role of
the garment? To beautify, to conceal to protect. The husband and wife, they conceal each other’s faults, they beautify each
other. They help each other. It is role of hand and gloves.

As a Mother
 Allah says in Quran in Surah Isra 17:23-34, we have denied for the human being that the worship none but Allah and be kind to
the parents and if one of them or both of them reaches old age don’t say a word of contempt. Don’t say uff to them. But address
them with honor and lower to them you wing of humility and pray to Almighty God that have mercy on them and bless them as
they cherish me in childhood.
 In surah Ana’am 16:151 and surah Ankaboot 29:8 Quran says wa bil walidyeni ehsaana. The Quran repeats the same message in
surah Luqman 32:14 and surah Ahkaaf 46:15 that we have enjoined on the human beings to be good to the parents and the
verse continues especially to the mother.

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 The Quran says in surah Nisa in 4:1 respect the womb that bore you. And our beloved prophet Muhammad ‫ ﷺ‬its mentioned in
several hadith including Sahih hadith of Sunan al Nasai, book of jihad, chapter 6 hadith 3106 the beloved prophet ‫ ﷺ‬said
paradise lies beneath the feet of your mother. Now this doesn’t mean that if your mother is walking on street in dirt and paradise
is under her feet. No the sentence paradise lies beneath the feet of mother means if you love your mother, if you respect her in
sha Allah sure you will enter in Jannah.
 There is the hadith in Sahih Bukhari in vol 8 Book of manners chapter 2 hadith 2 in the new edition of Bukhari its hadith number
5971 where a man approaches and asks prophet ‫ ﷺ‬who in the world deserves maximum love and compassion ..thrice mother
once father 75 mother 25 father. Such great are the teachings of Islam.

Issues/Challenges Confronting Women in Muslim Countries

The women in Muslim countries are facing a number of issues that have forced them to merely lie and animalistic life denied of
dignity and rights. Muhammad Qutb in his opus Islam: The Misunderstood Religion writes on causes of backwardness of women in
modern Muslim world in following words:
“The woman in the Islamic countries is generally backward with neither respect nor any grace. She lives a life similar to that
of animals; her whole existence is but another name for mean earthly desires; she suffers privations more than she ever tastes of
happiness; she is made to surrender more than she is given; and seldom rises above the level of a purely impulsive existence. This is
also true, but may we ask: who is responsible for this state of affairs? Does Islam or its teachings have anything to do with it? The fact
is that the miserable plight of the eastern woman is the result of the economic, social, political and psychological conditions
prevailing in the East today. We must take note of these if we really want to reform our social life and know as to where these evils
spring from.”

DIGNITY OF MEN AND WOMAN

"Certainly, we gave dignity the Children of Adam, and carried them over land and sea, and provided them with all the good things,
and given them an advantage over many of those We have created with a complete preference.” (Isra’a 17:70)
Islam places great emphasis on the dignity of human beings regardless of their gender or race or even status. Surah Hujrat 49:13. It
means that all human beings are created equal by the One Creator, and no one is superior to another on the basis of his or her birth
or family or tribe.
The dignity comprises rights and duties. Thus, dignity means that human beings have a right to life, right to freedom of religion,
right to freedom of lifestyle, right to labor, right to security and right to family are secured, even if human beings do not accept the
divine guidance.

The Quran states the law of nature that so long as people maintain their life systems on the basis of justice, freedom and goodness
and allow all people to enjoy their rights in a normal way and practice their lives freely without interference, they prosper and make
progress in life. But when they start spreading corruption in the land and usuring other people’s rights, their civilization begins to
disintegrate and finally fades away from the pages of history. The Quran condemns in very strong words those people who spread
corruption and injustice in the land and deny other people’s rights.
 Man as a viceroy of Allah: And when your lord said to the angels, I am going to place in the earth a Caliph (Baqarah
2:30)
 The gift of revelation: And we present our gift (Quran) before mountains and skies and they denied to lift this (Quran)
and humans accepted this (Quran), Indeed, he (human) was very cruel and illiterate.
(Ahzab 72)
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  Wealth of Knowledge: And He taught Adam all the names (Baqarah
2:31)
 Man created in the best form: Certainly, we created man in the best form
(Teen 95:4)
 Mans as crown of creatures and Central Figure in the Universe: Certainly, we gave dignity the children of
Adam, and carried them over the land and sea, and provided them with all the good things, and given them an advantage
over many of those We have created with a complete preference
(Isra’a 17:70)
 Superiority over all creation: In Al-Imran 3:111 Allah states that O people of Islam! "You are the best people ever
raised for the good of mankind because you have been raised to serve others; you enjoin what is good and forbid evil and
believe in Allah."
 Universe does not belong to man BUT man belongs to universe : Allah has made clear in his Holy Book that I
created Men only for the purpose to worship me (Zariyat 51:56). This universe is a stage for man’s actions and doings, he will
be judged on the last day for every word and action before God.
 Usage of reasoning, wisdom and observation: The ancient Greeks believed that a person becomes wise by
knowledge and understanding. Plato in his ‘Republic’ stresses that love of knowledge makes man wise and live wisely was the
ideal of human life in those times. He writes: “He who has a taste for every sort of knowledge and who is curious to learn and is never
satisfied may be justly termed as philosopher.”
In Surah Baqarah 2:26 Allah highlights the high value of one having been blessed with wisdom and knowledge. He grants Hikmah to
whom He pleases, and he, to whom Hikmah is granted, is indeed granted abundant good. But none remember (will receive
admonition) except men of understanding. On the contrary, those who do not use this wisdom are like animals, in fact, worse than
animals, as mentioned in the Quran A’araf 7:179
“O you men! Surely We have created you of a male and a female, and made you tribes and families that you may know each other; surely the most
honorable of you with Allah is the one among you most careful (of his duty); surely Allah is Knowing, Aware.” (Hujurat 49:13)
Thus, the very purpose of men’s creation is to worship his lord. Man has been made as the viceroy of Allah on earth. Man has been
ordered to avoid harming others, killing others, be away from polytheism and to pray Allah alone and bow only to Allah alone. Man
should keep the purpose he is created for otherwise he is worse than animals as the Holy Quran says: “Certainly, we have created
Jinns and Human beings for Hell, because they possess hearts but do not ponder with them, they have ears but do not hear with
them, they have eyes but do not see what is fact, They are like animals rather worse than that.”
(A’araf 7:179)

HUMAN DIGNITY IN OTHER RELIGIONS

Christianity ― In Christianity, man is born sinner. Scripture says that we are born sinners and that we are by nature sinners
Psalm 51:5 states that we all come into the world as sinners: “Behold, I was brought forth in iniquity, and in sin my mother conceived
me.” Ephesians 2:2 says that all people who are not in Christ are “sons of disobedience.”

Hinduism ― According to the belief of Hindu’s, man has differentiated in four categories on the basis of their castes ( Barahman,
Khashtri, Waish, Shoodar). The superiors hate the inferiors, and all of this violates the human respect and dignity.

Judaism ― According to Judaism, they are the only superior race in the world, and all others are born to be subordinated. They are
given divine guiding and privileges to every worldly pursuit in life.

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 INHERTITANCE
When a Muslim dies there are four duties which need to be performed. These are:
 payment of funeral expenses
 payment of his/her debts
 execution his/her will
 distribution of remaining estate amongst the heirs according to Shariah
Assumed that the preliminary issues have been resolved, let’s confine ourselves principally to discussing the fourth and last duty.
The task is to firstly, determine which of the relatives of the deceased are entitled to inherit and secondly, to determine the quantum
share entitlement of each of the heirs concerned.
"Allah commands you regarding your children. For the male a share equivalent to that of two females ..."
Al-Qur'an 4:11
This first principle which the Qur'an lays down refers to males and females of equal degree and class. This means that a son inherits
a share equivalent to that of two daughters, a full (germane) brother inherits twice as much as a full sister, a son's son inherits twice
as much as a son's daughter and so on. This principle is however, not universally applicable as we shall see later in verse 4:12, the
descendants of the mother notably the uterine brother and uterine sister inherit equally as do their descendants.

"If (there are) women (daughters) more than two, then for them two thirds of the inheritance; and if there is
only one then it is half ..."
Al-Qur'an 4:11
Women in this context refers to daughters. The Qur'an gives the daughter a specific share. In legal terminology the daughter is
referred to as a Qur'anic heir or sharer (ashab al-faraid). The Qur'an mentions nine such obligatory sharers as we shall see later.
Muslims jurists have added a further three by the juristic method of qiyas (analogy). So in Islamic jurisprudence there are a total of
twelve relations who inherit as sharers.

If there are any sons the share of the daughter(s) is no longer fixed because the share of the daughter is determined by the principle
that a son inherits twice as much as a daughter. In the absence of any daughters this rule is applicable to agnatic granddaughters
(son's daughters). The agnatic granddaughter has been made a Qur'anic heir (sharer) by Muslim jurists by analogy.

If there is only a single daughter or agantic granddaughter her share is a fixed one-half, if there are two or more daughters or agnatic
granddaughters then their share is two-thirds. Two or more daughters will totally exclude any granddaughters. If there is one
daughter and agnatic granddaughters, the daughter inherits one-half share and the agnatic granddaughters inherit the remaining
one-sixth, making a total of two-thirds. If there are agnatic grandsons amongst the heirs then the principle that the male inherits a
portion equivalent to that of two females applies.

"And for his parents for each of them there is one-sixth of the inheritance if he has a child, but if he does
not have a child and the parents are the heirs then for the mother one-third ..."
Al-Qur'an 4:11

The Arabic word "walad" has been variously translated as child, son, children and offspring by translators. However, there is universal
agreement amongst the Sunni Muslim jurists that "walad" here refers to any child or agnatic grandchild (grandchild through son).

If there is a child or agnatic grandchild amongst the heirs then each of the parents inherits one-sixth. In the absence of a child or
agnatic grandchild the mother inherits one-third, the share of the father is not mentioned under these circumstances. The father in
fact inherits as a residuary (a residuary heir gets whatever remains of the inheritance after the Qur'anic sharers have been allocated
their shares, residuary heirs are generally male agnates) under these circumstances.

To these two Qur'anic heirs, the mother and the father, the maternal grandmother and paternal grandfather have been added by
analogy. The maternal grandmother substitutes the mother in the latter's absence.

"… but if he has brothers (or sisters) then for the mother one-sixth ..." Al-
Qur'an 4:11
The consensus of opinion is that the word "akhwatun" used in the Quranic text means two or more brothers or sisters of any kind. So
that any combination of full, consanguine or uterine brothers and sisters, if two or more will mean that the mother inherits a one-
sixth share.

"And for you there is one-half of what your wives leave behind if there is no child, but if they leave a
child then for you there is one-fourth of what they leave behind; … "
Al-Qur'an 4:12

Again according to Islamic law the word "walad" here is interpreted as child or agnatic grandchild. The husband, another Qur'anic
heir, inherits one-half in the absence of a child or agnatic grandchild and one-quarter in the presence of a child or agnatic grandchild.

"And for them one-fourth of what you leave behind if you did not have a child, but if you have a child
then for them one-eighth of what you leave behind; …"
Al-Qur'an 4:12

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This statement gives us the ruling on the share of the wife (widow). The share of the wife is one-quarter in the absence of a child or
agnatic grandchild and one-eighth in the presence of a child or agnatic grandchild. Two or more wives share equally in this
prescribed share.

Before continuing with the translation of verse 4:12 let us consider a situation where a woman dies leaving behind a husband and
both parents as the only heirs. The husband inherits one-half of the estate, there is no argument on this point. However, if we give
the mother a one-third share then the father is left with only one-sixth. Should the male (father) not get twice the share of the female
(mother) of equal degree and class? This problem arose during the caliphate of 'Umar ibn Al-Khattab. After consultation with the
learned companions the majority opinion was that the father should get twice the share of the mother, that is to say, the principle
that the male inherits the share of two females is upheld. The father therefore, inherits one-third and the mother one-sixth.

In light of this ruling the sentence of verse 4:11 on this matter which reads, "...but if he does not have a child and the parents
are the heirs then for the mother one-third," is interpreted to mean, "...but if he does not have a child and the parents are the
(only) heirs then for the mother one-third."

"And if a kalala man or woman (one who has neither ascendants nor descendants) is inherited from, and
he (or she) has a (uterine) brother or (uterine) sister then for each of them (there is) one-sixth. But if
they (uterine brothers and sisters) are more than that then they are sharers in one-third (equally)."
Al-Qur'an 4:12

The interpretation of the second half of verse 4:12 has been a source of controversy, one reason being the meaning of the
word "kalala". This word "kalala" occurs only in two places in the Qur'an [4:12 and 4:176] and on both occasions regarding
inheritance. "Kalala" may mean "one who leaves neither parent nor child" or "all those except the parent and child". It is generally
taken to mean the former.

It is universally agreed that the siblings referred to in this verse are uterine siblings (those with the same mother but different
fathers). The uterine siblings only inherit in the absence of any descendants or ascendants. If there is only one uterine sibling he or
she inherits a one-sixth share. If there are two or more uterine siblings they together inherit a one-third share equally.

The heirs mentioned in the Qur'an (mother, father, husband, widow, daughter, uterine brother, full sister, uterine sister, consanguine
sister) together with the three heirs added by juristic method of analogy (paternal grandfather, maternal grandmother and agnatic
granddaughter) form a group of heirs called Qur'anic heirs or sharers (ashab al-furud). These heirs when entitled to inherit are given
their fixed shares and the remaining estate is inherited by the residuaries (asaba).

Under Islamic law some of the Qur'anic heirs, namely the father, paternal grandfather, daughter, agnatic granddaughter, full sister,
consanguine sister and the mother, can also inherit as residuaries under certain circumstances.

Certain heirs referred to as primary heirs are always entitled to a share of the inheritance, they are never totally excluded. These
primary heirs consist of the spouse relict, both parents, the son and the daughter. All remaining heirs can be totally excluded by the
presence of other heirs. There are several rules of exclusion which determine the exclusion of some heirs by the presence of others.
It not possible to discuss all these rules in an article of this nature but in brief:

 a person (e.g. brother) who is related to the deceased through another (i.e. father) is excluded by the presence of
the latter;
 an individual nearer in degree (proximity) to the deceased excludes the one who is remoter within the same class
of heirs (son excludes all grandsons);
 full blood excludes half-blood through father (so a full brother will exclude a consanguine brother but not a uterine
brother);

The majority view is that the full and consanguine brother is not excluded by the paternal grandfather. However, the Hanafi fiqh
allows the paternal grandfather to totally exclude the agnatic siblings.

Heirs may also be prevented from inheriting by disqualification. The only two practical situations that are causes of disqualification
are difference of religion and homicide.

The Prophet ‫ ﷺ‬said: "A Muslim cannot be the heir of a disbeliever, nor can a disbeliever be the heir of a Muslim."Sahih Al-Bukhari.
Generally speaking, and this is also the majority view, a Muslim cannot inherit from a non-Muslim. Although the Hanafi fiqh does
allow a Muslim to inherit from an apostate.

Allah's Messenger, sallallahu 'alayhi wa sallam, said: "One who kills a man cannot inherit from him."At-Tirmidhi and Ibn Majah. All the
jurists agree that intentional or unjustifiable killing according to Shari'ah is a bar to inheritance because if such people are allowed to
kill and then benefit from the estate of the victim, it will encourage incidents of homicide.

It should be noted that only relatives with a legitimate blood relationship to the deceased are entitled to inherit from the deceased
under Islamic law. Thus, illegitimate children according to Islamic law and adopted children have no part in inheritance. Incidentally
legal adoption as practised in the west is forbidden in Islam.

Under certain circumstances after allocation of the estate amongst all the heirs with fixed shares there is a residue left over but there
are no residuaries. This residue called ar-radd is returned to those sharers who are entitled to it, in proportion to their original shares.
Conversely a situation may arise when the total sum of the assigned shares of the heirs with fixed shares is greater than unity. In this
situation all the shares are abated proportionately by the doctrine of al-awl which involves decreasing the fractional shares to a
common denominator, and increasing the denominator in order to make it equal to the sum of the numerators.
10
The amalgamation of the old customary agnatic law and the Qur'anic law has led to a number of problems which Muslim jurists have
solved with great ingenuity. I shall mention one such case which occurred during the caliphate of 'Umar ibn Al-Khattab. A woman
died leaving behind a husband, mother, two uterine brothers and two full brothers.

'Umar ibn Al-Khattab by systematically applying the rules gave the Qur'anic heirs their shares, husband (1/2), mother (1/6) and the
two uterine brothers (1/3). The two full brothers acting as residuaries received nothing because there is no residue. The two full
brothers, who would have been the sole heirs under the old customary agantic system, argued that even if their father was a donkey
or a stone cast into the sea and they had no paternal relationship, they still had the same and equal relationship with the deceased
as the uterine brothers through the same mother. 'Umar ibn Al-Khattab reconsidered his ruling and allowed the full brothers to inherit
equally with the uterine brothers in the share of 1/3.

The reader will have noticed that uterine (or cognate) relatives have not figured in the discussion thus far. This group of potential
heirs contains all those relatives who are neither Qur'anic sharers nor male agnates and constitute the largest group within the
context of inheritance. They are referred to as dhawu al-arham (or distant kindred). The majority view is that they are entitled to
inherit when there are no residuaries and no sharers entitled to ar-radd. Only the traditional Maliki fiqh does not allow the distant
kindred to inherit, any residue is given to the bayt al-mal (public treasury). The rules of inheritance amongst the distant kindred are
relatively complex and hence not mentioned here.

The Islamic laws of inheritance that have been discussed here can be legitimately accommodated and practically implemented within
many existing western legislation systems by way of a valid will. In fact for those Muslims living in the west a will becomes an
essential necessity to prevent intestate succession law of the land being applied to their estate after they die.

The will should comply with the law of the land so that it can be executed after a person's death without any unnecessary legal
problems. Needless to say nothing in the will should be contrary to Shari'ah. Shari'ah has placed two restrictions on the testator.
Firstly, to whom he can bequeath his estate and secondly, the amount that he can bequeath. The majority view is that a bequest in
excess of one-third of the net estate is invalid unless consented to by the legal heirs as is a bequest in favour of a legal heir.

11