(Series of Answers by the Eminent Scholar Ata Bin Khalil Abu Al-Rashtah, Ameer of Hizb ut-Tahrir, to Questions from Visitors to his Facebook Page "Fiqhi")
To: Hani Oqdah
Question:
(My dear brother, may Allah protect him, peace be upon you and the mercy of Allah and His blessings.
This subject is being discussed by many young people.
The subject of a woman being a judge—meaning holding a judicial position—is a matter that must be reconsidered. The actions of the Messenger (saw), the Sahabah after him, and the commitment of the Ummah throughout its long history show that this was unknown. From the establishment of the first Islamic State until the end of the Ottoman State, there was no instance of a woman holding a judicial position... When deriving the ruling on a woman holding a judicial position, the reality of the judiciary, the public life, and the woman's presence in it must be taken into account... If she cannot leave the house except with her husband's permission... and if it is not permissible for her to be in seclusion with litigants, then it is even more appropriate that she should not be a judge between them...) End.
Answer:
(Walaikum Assalam Wa Rahmatullahi Wa Barakatuhu)
- The Sunnah consists of the Messenger’s (saw) speech, actions, and silent approvals... these are all equal in their indication if they are authentic and applicable to the issue.
Yes, the action of the Prophet (saw) is a Sharia evidence, and it is suitable for clarifying what is general in the Sharia texts. However, there are established principles (usul) on how to deduce evidence from the Prophet’s (saw) actions. The fact that the Prophet (saw) did not perform a certain action is not evidence of its prohibition; rather, there must be another piece of evidence or a context (qarinah) indicating that his (saw) non-performance of the action implies its prohibition. For instance, the Prophet (saw) did not nominate a Caliph after him, yet the Sahabah (ra) did not understand this as a prohibition. Instead, they asked Abu Bakr to nominate a successor, and he nominated Umar (ra)... this is because the Messenger’s (saw) lack of action was not accompanied by evidence or a qarinah that doing so is haram. Al-Bukhari narrated from Abdullah bin Umar (ra) who said: "It was said to Umar: Will you not appoint a successor? He said:
إِنْ أَسْتَخْلِفْ فَقَدِ اسْتَخْلِفْ مَنْ هُوَ خَيْرٌ مِنِّي أَبُو بَكْرٍ، وَإِنْ أَتْرُكْ فَقَدْ تَرَكَ مَنْ هُوَ خَيْرٌ مِنِّي، رَسُولُ اللَّهِ صلى الله عليه وسلم
'If I appoint a successor, then one who was better than me (Abu Bakr) appointed a successor. And if I leave it, then one who was better than me (the Messenger of Allah (saw)) left it.'"
Thus, any matter the Messenger (saw) did not do does not mean it is haram unless there is evidence or a qarinah indicating prohibition.
Similarly, the fact that the Prophet (saw) did not appoint women to the judiciary does not, by itself, indicate prohibition. Rather, it must be joined by evidence or a qarinah indicating prohibition, and such evidence or qarinah does not exist.
Therefore, the Messenger’s (saw) non-performance of an action is not understood as a prohibition except with the presence of evidence or a qarinah.
- As for the restrictions you mentioned regarding a woman—that she is (a mother, a homemaker, and an honor to be protected, and the natural excuses she faces that prevent her from many Sharia duties... and if she does not leave the house except with her husband's permission... and if she cannot be in seclusion with litigants, then it is even more appropriate that she should not be a judge between them...).
These do not affect the permissibility of her being a judge. The Sharia ruling does not state that holding a judicial position is an obligation (fard) upon her; rather, it is permissible (ja’iz) for her, and she is best aware of her household circumstances and capabilities. Furthermore, all these matters are neither a condition of contract (in'iqad) nor a condition of validity for a judge or the subject of the judiciary. Even the seclusion (khalwah) with litigants that you mentioned—as if suggesting it is necessary for investigating a case—is not so. If it were, it would also be impermissible for a male judge to judge, because litigants are not all men; there are women as well. Just as a female judge may not be in seclusion with a male litigant, a male judge may not be in seclusion with a female litigant. Moreover, seclusion is not necessary to clarify a case; usually, others are present in the court, such as the court clerk, witnesses, and mahrams... and the like.
- The Sharia texts are clear regarding the permissibility of appointing a woman to the judiciary to settle disputes between people and also for the judiciary of Hisbah. To clarify the evidences and their applicability to the issue of a woman holding a judicial position, I will repeat some points previously explained to facilitate the understanding of Sharia texts and the extraction of rulings from them:
A. There is a style in the Arabic language called the style of "Predominance" (Al-Taghlib). This is well-known in the principles of jurisprudence (Usul al-Fiqh) for those knowledgeable in it. it means that if the address is in the masculine form or refers to men, it also applies to women by way of Taghlib, and a woman is not excluded from it except by a specific text that excludes her.
For example, the saying of the Almighty:
يَا أَيُّهَا الَّذِينَ آمَنُوا
"O you who have believed" (e.g., Al-Baqarah [2]: 153)
Believing women are included in this even though the verse is in the masculine form, because no text has been revealed to exclude women from this ruling.
Another example is what Al-Bukhari narrated from Abu Hurairah (ra): The Prophet (saw) said: "Whosoever أَيُّمَا رَجُلٍ man frees a Muslim person, Allah will save every limb of his from the Fire for every limb of that person." This applies to women as well through the style of Taghlib, meaning (Whosoever woman frees a Muslim person...). Because no text has been revealed to exclude women from this ruling.
Similarly, the hadith of An-Nasa'i regarding the Zakat on camels... from Abu Hurairah, who said: I heard the Messenger of Allah (saw) say:
أَيُّمَا رَجُلٍ كَانَتْ لَهُ إِبِلٌ لَا يُعْطِي حَقَّهَا فِي نَجْدَتِهَا وَرِسْلِهَا
"Any man (رَجُلٍ) who has camels and does not give their due in their hardship and their ease..." (An-Nasa'i)
The Sahabah asked: "O Messenger of Allah, what is their hardship and ease?" He replied: "In their difficulty and their prosperity. On the Day of Resurrection, they will come as numerous and fat and lively as they were, and he will be thrown on his face in a flat plain, and they will trample him with their hooves. When the last of them has passed, the first of them will be brought back to him, on a day the duration of which is fifty thousand years, until judgment is passed among the people, and he sees his path..." This applies to a woman by way of Taghlib if she does not pay Zakat on the camels she owns, as no text excludes her.
- Another example: The words of the Almighty:
وَأَقِيمُوا الصَّلَاةَ وَآتُوا الزَّكَاةَ وَأَطِيعُوا الرَّسُولَ لَعَلَّكُمْ تُرْحَمُونَ
"And establish prayer and give zakah and obey the Messenger that you may receive mercy." (An-Nur [24]: 56)
Prayer, Zakat, and obedience to the Messenger (saw) are obligatory upon both men and women, as no text excludes women from this ruling.
- Another example: The words of the Almighty:
وَلْتَكُنْ مِنْكُمْ أُمَّةٌ يَدْعُونَ إِلَى الْخَيْرِ وَيَأْمُرُونَ بِالْمَعْرُوفِ وَيَنْهَوْنَ عَنِ الْمُنْكَرِ وَأُولَئِكَ هُمُ الْمُفْلِحُونَ
"And let there be [arising] from you a nation inviting to [all that is] good, enjoining what is right and forbidding what is wrong, and those will be the successful." (Ali 'Imran [3]: 104)
Political work within a group that invites to Islam, enjoins what is right, and forbids what is wrong includes both men and women, as no text excludes women from this ruling.
- Another example: Al-Bukhari narrated in his Sahih from Hakim bin Hizam (ra) that the Messenger of Allah (saw) said:
البَيِّعَانِ بِالخِيَارِ مَا لَمْ يَتَفَرَّقَا
"The two parties to a transaction have the option (to cancel) as long as they have not separated." (Al-Bukhari)
This includes both men and women because no text excludes women from this ruling.
B. However, this style of "Predominance" is not applied if it is overridden by a specific text—that is, if it is specified by a text that excludes women from its generality:
For example, the words of the Almighty:
كُتِبَ عَلَيْكُمُ الْقِتَالُ وَهُوَ كُرْهٌ لَكُمْ
"Fighting has been enjoined upon you while it is hateful to you." (Al-Baqarah [2]: 216)
The address here is in the masculine form and indicates the obligation of Jihad. However, Taghlib is not used here; it is not said that this includes women through the style of Taghlib as "fighting is enjoined upon you (females)," because this is overridden by other texts that make Jihad (combat) an obligation upon men. Ibn Majah narrated from Aisha, the Mother of the Believers (ra), who said: "I said: O Messenger of Allah, is Jihad obligatory for women? He said:
نَعَمْ، عَلَيْهِنَّ جِهَادٌ، لَا قِتَالَ فِيهِ: الْحَجُّ وَالْعُمْرَةُ
'Yes, for them is a Jihad in which there is no fighting: Hajj and Umrah.'" (Ibn Majah) Meaning Jihad in the sense of combat is not an obligation upon women.
Another example: The words of the Almighty:
يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا نُودِيَ لِلصَّلَاةِ مِنْ يَوْمِ الْجُمُعَةِ فَاسْعَوْا إِلَى ذِكْرِ اللَّهِ وَذَرُوا الْبَيْعَ ذَلِكُمْ خَيْرٌ لَكُمْ إِنْ كُنْتُمْ تَعْلَمُونَ
"O you who have believed, when [the adhan] is called for the prayer on the day of Jumu'ah [Friday], then proceed to the remembrance of Allah and leave trade. That is better for you, if you only knew." (Al-Jumu'ah [62]: 9)
This text indicates the obligation of the Friday prayer and the duty to proceed to it when the call is made. Here, Taghlib is not applied—the obligation of Jumu'ah is not applied to women—because a text was revealed that specifies the obligation of Jumu'ah to men and excludes women from this obligation, based on the Prophet's (saw) saying as narrated by Al-Hakim in Al-Mustadrak:
الْجُمُعَةُ حَقٌّ وَاجِبٌ عَلَى كُلِّ مُسْلِمٍ فِي جَمَاعَةٍ إِلَّا أَرْبَعَةٌ: عَبْدٌ مَمْلُوكٌ، أَوِ امْرَأَةٌ، أَوْ صَبِيٌّ، أَوْ مَرِيضٌ
"The Friday prayer in congregation is an obligatory duty upon every Muslim, except for four: a slave, a woman, a child, or a sick person." (Al-Hakim) Al-Hakim stated: This is a Sahih hadith according to the conditions of the two Sheikhs, and Ad-Dhahabi agreed with him.
Another example: The words of the Almighty:
وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللَّهُ فَأُولَئِكَ هُمُ الظَّالِمُونَ
"And whoever does not judge by what Allah has revealed - then it is those who are the wrongdoers." (Al-Ma’idah [5]: 45)
This is a general address that includes both men and women, even if it is in the masculine form, according to the style of Taghlib. However, this generality is specified to exclude women from ruling (Hukm). Al-Bukhari narrated from Abu Bakrah who said: The Messenger of Allah (saw) said:
لَنْ يُفْلِحَ قَوْمٌ وَلَّوْا أَمْرَهُمُ امْرَأَةً
"A people will never succeed who appoint a woman over their affairs." (Al-Bukhari) "Appointing over affairs" (Wilayah al-Amr) refers to ruling. Consequently, it is not permissible for a woman to hold a position of ruling. Therefore, a woman being a ruler is impermissible; she is excluded from the general text regarding ruling. This does not mean she is less perceptive or capable in thinking than a man; rather, it is for a wisdom known to Allah, which contains good for both man and woman alike.
C. There are hadiths that address both men and women, then some parts are specified for men only, while other parts remain inclusive of both:
Al-Bukhari narrated in his Sahih from Abu Hurairah that the Prophet (saw) said:
سَبْعَةٌ يُظِلُّهُمُ اللَّهُ فِي ظِلِّهِ، يَوْمَ لاَ ظِلَّ إِلَّا ظِلُّهُ: الإِمَامُ العَادِلُ، وَشَابٌّ نَشَأَ فِي عِبَادَةِ رَبِّهِ، وَرَجُلٌ قَلْبُهُ مُعَلَّقٌ فِي المَسَاجِدِ، وَرَجُلاَنِ تَحَابَّا فِي اللَّهِ اجْتَمَعَا عَلَيْهِ وَتَفَرَّقَا عَلَيْهِ، وَرَجُلٌ طَلَبَتْهُ امْرَأَةٌ ذَاتُ مَنْصِبٍ وَجَمَالٍ، فَقَالَ: إِنِّي أَخَافُ اللَّهَ، وَرَجُلٌ تَصَدَّقَ، أَخْفَى حَتَّى لاَ تَعْلَمَ شِمَالُهُ مَا تُنْفِقُ يَمِينُهُ، وَرَجُلٌ ذَكَرَ اللَّهَ خَالِيًا فَفَاضَتْ عَيْنَاهُ
"There are seven whom Allah will shade in His Shade on the Day when there is no shade except His Shade: a just Imam; a youth who grew up in the worship of his Lord; a man whose heart is attached to the mosques; two men who love each other for Allah's sake, meeting for that and parting upon that; a man who is called by a woman of rank and beauty and says: 'I fear Allah'; a man who gives in charity and hides it such that his left hand does not know what his right hand gives; and a man who remembered Allah in private and his eyes shed tears." (Al-Bukhari)
This hadith applies to women through the style of Taghlib regarding five of the seven categories that are not overridden by other texts. Thus, it applies to a young woman who grew up in the worship of her Lord... to two women who love each other for Allah's sake... to a woman who is called by a man... to a woman who gives in charity... and to a woman who remembered Allah in private and her eyes shed tears.
However, this style does not apply to the "just Imam" or the "man whose heart is attached to the mosques" because they are overridden by texts; meaning women are excluded from these two cases as follows:
As for "the just Imam," the style of Taghlib does not apply because a woman does not hold the position of ruling, as the Prophet (saw) said in the hadith of Al-Bukhari from Abu Bakrah: "When the Messenger of Allah (saw) heard that the people of Persia had made the daughter of Kisra their queen, he said: 'A people will never succeed who appoint a woman over their affairs.'" Thus, Wilayah al-Amr, i.e., ruling, is not permissible for a woman. As for other than ruling, such as the judiciary (Qada), electing the Caliph, being elected to and electing for the Majlis al-Ummah, and other legitimate roles that are not part of ruling, they are permissible for her... This means the term "just Imam" does not include her, as she does not hold the position of ruling for a wisdom known to Allah Almighty.
Nevertheless, some commentators interpreted "just Imam" to mean a just guardian (ra'i), thus applying it to women based on the text of the hadith narrated by Al-Bukhari from Abdullah bin Umar: I heard the Messenger of Allah (saw) say:
كُلُّكُمْ رَاعٍ، وَكُلُّكُمْ مَسْئُولٌ عَنْ رَعِيَّتِهِ، الإِمَامُ رَاعٍ وَمَسْئُولٌ عَنْ رَعِيَّتِهِ، وَالرَّجُلُ رَاعٍ فِي أَهْلِهِ وَهُوَ مَسْئُولٌ عَنْ رَعِيَّتِهِ، وَالمَرْأَةُ رَاعِيَةٌ فِي بَيْتِ زَوْجِهَا وَمَسْئُولَةٌ عَنْ رَعِيَّتِهَا...
"Each of you is a shepherd and each of you is responsible for his flock. The Imam is a shepherd and is responsible for his flock; a man is a shepherd in his family and is responsible for his flock; a woman is a shepherdess in her husband's house and is responsible for her flock..." (Al-Bukhari) However, the more correct view is that Taghlib does not apply here because the term "just Imam" predominantly refers to the Ruler, so it is not applied to women.
As for "a man whose heart is attached to the mosques," it is overridden by the text that indicates a woman's prayer in her home is better than her prayer in the mosque. This is based on the hadith of the Messenger of Allah (saw) narrated by Ahmad in his Musnad from Umm Humaid, the wife of Abu Humaid as-Sa'idi, who came to the Prophet (saw) and said: "O Messenger of Allah, I love to pray with you." He said:
قَدْ عَلِمْتُ أَنَّكِ تُحِبِّينَ الصَّلَاةَ مَعِي، وَصَلَاتُكِ فِي بَيْتِكِ خَيْرٌ لَكِ مِنْ صَلَاتِكِ فِي حُجْرَتِكِ، وَصَلَاتُكِ فِي حُجْرَتِكِ خَيْرٌ مِنْ صَلَاتِكِ فِي دَارِكِ، وَصَلَاتُكِ فِي دَارِكِ خَيْرٌ لَكِ مِنْ صَلَاتِكِ فِي مَسْجِدِ قَوْمِكِ، وَصَلَاتُكِ فِي مَسْجِدِ قَوْمِكِ خَيْرٌ لَكِ مِنْ صَلَاتِكِ فِي مَسْجِدِي
"I know that you love to pray with me. But your prayer in your private room is better for you than your prayer in your house, and your prayer in your house is better for you than your prayer in your courtyard, and your prayer in your courtyard is better for you than your prayer in your local mosque, and your prayer in your local mosque is better for you than your prayer in my mosque." (Ahmad)
For complete benefit, I will mention to you what was stated in the commentary of Fath al-Bari by Ibn Hajar regarding the mentioned hadith of Al-Bukhari, specifically the conclusion of the commentary, which says:
"(...The mention of men in this hadith does not imply exclusivity; rather, women share with them in what is mentioned except where 'just Imam' refers to the Grand Imamate (Al-Imamah al-Uzma). Otherwise, it is possible for a woman to be included if she has dependents and acts justly among them. The characteristic of being constantly in the mosque is excluded because a woman's prayer in her home is better than in the mosque. Other than that, the participation is applicable...)" End.
Accordingly, the hadith of the seven categories also applies to women except for the just Imam and the one whose heart is attached to the mosques; it does not apply to women because the style of Taghlib in these two cases is overridden by text.
4. Now we mention the texts related to the judiciary (Qada) to see if they include both men and women, or if they are specified for men only:
- Al-Bukhari narrated from Abdurrahman bin Abi Bakrah, who said: Abu Bakrah wrote to his son who was in Sijistan: I heard the Prophet (saw) say:
لاَ يَقْضِيَنَّ حَكَمٌ بَيْنَ اثْنَيْنِ وَهُوَ غَضْبَانُ
"A judge should not judge between two people while he is angry." (Al-Bukhari)
- Al-Hakim narrated in Al-Mustadrak from Abdullah bin Buraidah, from his father, from the Prophet (saw) who said:
الْقُضَاةُ ثَلَاثَةٌ: قَاضِيَانِ فِي النَّارِ وَقَاضٍ فِي الْجَنَّةِ. قَاضٍ عَرَفَ الْحَقَّ فَقَضَى بِهِ فَهُوَ فِي الْجَنَّةِ، وَقَاضٍ عَرَفَ الْحَقَّ فَجَارَ مُتَعَمِّدًا فَهُوَ فِي النَّارِ، وَقَاضٍ قَضَى بِغَيْرِ عِلْمٍ فَهُوَ فِي النَّارِ
"Judges are of three types: two are in the Fire and one is in Paradise. A judge who knows the truth and judges by it is in Paradise; a judge who knows the truth but oppresses intentionally is in the Fire; and a judge who judges without knowledge is in the Fire." (Al-Hakim) "This hadith has a Sahih chain of narrators though they [Bukhari and Muslim] did not narrate it, and it has a witnessing narration with a Sahih chain according to Muslim's conditions."
- At-Tabarani narrated in Al-Mu'jam al-Kabir from Ibn Buraidah, from his father, who said: The Messenger of Allah (saw) said:
الْقُضَاةُ ثَلَاثَةٌ قَاضِيَانِ فِي النَّارِ، وَقَاضٍ فِي الْجَنَّةِ، قَاضٍ قَضَى بِغَيْرِ حَقٍّ وَهُوَ يَعْلَمُ، فَذَاكَ فِي النَّارِ، وَقَاضٍ قَضَى، وَهُوَ لَا يَعْلَمُ، فَأَهْلَكَ حُقُوقَ النَّاسِ، فَذَلِكَ فِي النَّارِ، وَقَاضٍ قَضَى بِالْحَقِّ، فَذَاكَ فِي الْجَنَّةِ
"Judges are three: two in the Fire and one in Paradise. A judge who judges unjustly while he knows it is in the Fire; a judge who judges without knowledge and ruins people's rights is in the Fire; and a judge who judges with the truth is in Paradise." (At-Tabarani)
- At-Tirmidhi narrated in his Sunan from Ibn Buraidah, from his father, that the Prophet (saw) said:
القُضَاةُ ثَلَاثَةٌ: قَاضِيَانِ فِي النَّارِ، وَقَاضٍ فِي الجَنَّةِ، رَجُلٌ قَضَى بِغَيْرِ الحَقِّ فَعَلِمَ ذَاكَ فَذَاكَ فِي النَّارِ، وَقَاضٍ لَا يَعْلَمُ فَأَهْلَكَ حُقُوقَ النَّاسِ فَهُوَ فِي النَّارِ، وَقَاضٍ قَضَى بِالحَقِّ فَذَلِكَ فِي الجَنَّةِ
"Judges are three: two in the Fire and one in Paradise. A man (رَجُلٌ) who judges unjustly while knowing it is in the Fire; a judge who does not know and ruins people's rights is in the Fire; and a judge who judges with the truth is in Paradise." (At-Tirmidhi)
- Ibn Majah narrated in his Sunan from Ibn Buraidah, from his father, from the Messenger of Allah (saw), who said:
الْقُضَاةُ ثَلَاثَةٌ، اثْنَانِ فِي النَّارِ، وَوَاحِدٌ فِي الْجَنَّةِ، رَجُلٌ عَلِمَ الْحَقَّ فَقَضَى بِهِ فَهُوَ فِي الْجَنَّةِ، وَرَجُلٌ قَضَى لِلنَّاسِ عَلَى جَهْلٍ فَهُوَ فِي النَّارِ، وَرَجُلٌ جَارَ فِي الْحُكْمِ فَهُوَ فِي النَّارِ
"Judges are three: two in the Fire and one in Paradise. A man (رَجُلٌ) who knows the truth and judges by it is in Paradise; a man who judges for the people based on ignorance is in the Fire; and a man who is unjust in judgment is in the Fire." (Ibn Majah)
- Al-Bazzar narrated in his Musnad from Ibn Buraidah, from his father (ra), that the Prophet (saw) said:
الْقُضَاةُ ثَلاثَةٌ اثْنَانِ فِي النَّارِ وَوَاحِدٌ فِي الْجَنَّةِ قَاضٍ قَضَى بِجُورٍ فَهُوَ فِي النَّارِ وَقَاضٍ قَضَى بِغَيْرِ عِلْمٍ فَهُوَ فِي النَّارِ وَقَاضٍ بِالْحَقِّ فَهُوَ فِي الْجَنَّةِ
"Judges are three: two in the Fire and one in Paradise. A judge who judges with injustice is in the Fire; a judge who judges without knowledge is in the Fire; and a judge who judges with the truth is in Paradise." (Al-Bazzar)
- Ma’mar bin Rashid narrated in his Jami’ from Abdurrazzaq, who said Ma’mar informed us from Qatadah that Ali said:
الْقُضَاةُ ثَلَاثَةٌ: قَاضٍ اجْتَهَدَ فَأَخْطَأَ فِي النَّارِ، وَقَاضٍ رَأَى الْحَقَّ فَقَضَى بِغَيْرِهِ فِي النَّارِ، وَقَاضٍ اجْتَهَدَ فَأَصَابَ فِي الْجَنَّةِ
"Judges are three: a judge who strives (ijtahada) but errs is in the Fire; a judge who sees the truth but judges otherwise is in the Fire; and a judge who strives and is correct is in Paradise." (Ma’mar bin Rashid)
By looking at these hadiths, we find them in the masculine form or using the word "man" (rajul), thus they include both men and women unless a woman is excluded from them by an authentic text. There is no specification of these hadiths to men only, unlike how Wilayah al-Amr (ruling) was specified to men. Therefore, the ruling includes both men and women, and it is permissible for a woman to be a judge for settling disputes between people or in the judiciary of Hisbah.
As for the Court of Unjust Acts (Qada al-Mazhalim), which looks into the removal of the ruler, it is linked to the prohibition of women holding the position of ruling. Therefore, it is not permissible for a woman to hold the position of judge in the Court of Unjust Acts—that is, the judiciary that has the authority to look into the removal of the ruler if there is a cause for his removal.
All of this clearly indicates that for a woman to hold a judicial position ("the ordinary judiciary and the judiciary of Hisbah") is a matter permissible for men and permissible for women as well.
- In conclusion, a quick look at the reality of women during the time of the Prophet (saw) shows a completely different image from what the question suggests. Women were engaged in the thick of life just like men; they conducted intellectual struggle and political strife. The first martyr in Islam was a woman, Sumayyah, who carried the dawah with the Prophet (saw). Umm Umarah and Umm Mani’ were among those who gave the Messenger (saw) the Pledge of Support (Bay’at an-Nusrah) at the Second Aqabah alongside men. They treated the wounded in battles, enjoined what is right, forbade what is wrong, and accounted the Caliph... They were truly the sisters of men. However, all of that was within the Sharia rulings that regulated the relationship between men and women; women were neither an idle force nor house-bound individuals who never left their homes.
And as a final word, the most beautiful depiction of the reality of women in Islamic life is the words of the Almighty:
وَالْمُؤْمِنُونَ وَالْمُؤْمِنَاتُ بَعْضُهُمْ أَوْلِيَاءُ بَعْضٍ يَأْمُرُونَ بِالْمَعْرُوفِ وَيَنْهَوْنَ عَنِ الْمُنْكَرِ وَيُقِيمُونَ الصَّلَاةَ وَيُؤْتُونَ الزَّكَاةَ وَيُطِيعُونَ اللَّهَ وَرَسُولَهُ أُولَئِكَ سَيَرْحَمُهُمُ اللَّهُ إِنَّ اللَّهَ عَزِيزٌ حَكِيمٌ * وَعَدَ اللَّهُ الْمُؤْمِنِينَ وَالْمُؤْمِنَاتِ جَنَّاتٍ تَجْرِي مِنْ تَحْتِهَا الْأَنْهَارُ خَالِدِينَ فِيهَا وَمَسَاكِنَ طَيِّبَةً فِي جَنَّاتِ عَدْنٍ وَرِضْوَانٌ مِنَ اللَّهِ أَكْبَرُ ذَلِكَ هُوَ الْفَوْزُ الْعَظِيمُ
"The believing men and believing women are allies of one another. They enjoin what is right and forbid what is wrong and establish prayer and give zakah and obey Allah and His Messenger. Those - Allah will have mercy upon them. Indeed, Allah is Exalted in Might and Wise. Allah has promised the believing men and believing women gardens under which rivers flow, wherein they abide eternally, and pleasant dwellings in gardens of perpetual residence; but acceptance from Allah is greater. That is the great attainment." (At-Tawbah [9]: 71-72)
And the saying of the Almighty:
إِنَّ الْمُسْلِمِينَ وَالْمُسْلِمَاتِ وَالْمُؤْمِنِينَ وَالْمُؤْمِنَاتِ وَالْقَانِتِينَ وَالْقَانِتَاتِ وَالصَّادِقِينَ وَالصَّادِقَاتِ وَالصَّابِرِينَ وَالصَّابِرَاتِ وَالْخَاشِعِينَ وَالْخَاشِعَاتِ وَالْمُتَصَدِّقِينَ وَالْمُتَصَدِّقَاتِ وَالصَّائِمِينَ وَالصَّائِمَاتِ وَالْحَافِظِينَ فُرُوجَهُمْ وَالْحَافِظَاتِ وَالذَّاكِرِينَ اللَّهَ كَثِيرًا وَالذَّاكِرَاتِ أَعَدَّ اللَّهُ لَهُمْ مَغْفِرَةً وَأَجْرًا عَظِيمًا
"Indeed, the Muslim men and Muslim women, the believing men and believing women, the obedient men and obedient women, the truthful men and truthful women, the patient men and patient women, the humble men and humble women, the charitable men and charitable women, the fasting men and fasting women, the men who guard their private parts and the women who do so, and the men who remember Allah often and the women who do so - for them Allah has prepared forgiveness and a great reward." (Al-Ahzab [33]: 35)
Your brother, Ata Bin Khalil Abu Al-Rashtah
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