Verses and Declarations:
1. Islam safeguards the woman's rights as ahelpless fetus in her mother's abdomen. If a mother gets divorced, while pregnant, Islam enjoined on the father to spend on her and support her financially during pregnancy. Allah (SWT) says in the Quran, " … and if they were pregnant then you should spent on themuntil they deliver their babies" 65:6
2. Islam safeguards the woman'srights by ruling out that a baby's mother should not be punished or penalized whilepregnant with him/her, so that the baby does not suffer consequently. In the Sunnah of the Prophet Muhammad (peace be upon him), it was narratedthat a Lady from Ghamid came to the Prophet to receive punishment for her sins saying, “O messenger of Allah purify me from my sins”. The Prophet replied saying, “No, not until you have delivered your baby”.
3. Islam safeguards the woman'srights even if she is born out of an illegitimate relationship (this is an equal right whether the child is male or female), so it is forbidden to kill a child inside his/her mother’s womb. The example of the woman from Ghamid above refers, as the prophet had not ordered the pregnancy to be terminated.
4. Islam safeguards the woman'srights if she is killed deliberately or by mistake inside her mother’s womb, by her receiving compensation (blood money) or having the killer penalized. In the Sunnah of the Prophet (peace be upon him), a reference is made to a woman from Hathli who killed her fellow wife and her unborn baby.
5. Islam safeguards the woman'srights as a suckling infant; Allah (SWT) says in the Quran, “Mothers shall breast feed their children for two whole years; (that is) for those who wish to complete the suckling.” 2:233
6. Islam safeguards the woman'srights as a suckling infant. It was narrated that after theLady from Ghamid delivered her baby, she went to the Prophet and requested theapplication of the penalty on her but the Prophet (Peace be upon him) said, "go breastfeed your baby and come back after he has been weaned”.
7. Islam safeguards the woman'srights after she is born, through the provision of clothing and means of living for her: "… Upon the father is the duty of providing for the mother [and her child] and clothing her according to what is acceptable” 2:2338. Islam safeguarded the woman's rights during the period ofraising and bringing her up, which lasts a number of years. Islam makes it incumbent on the father to provide for her during this period, which is a natural extensionto providing for children in general.
9. Islam safeguards the woman'srights to inheritance throughout her life, from early to old age. Allah(SWT) says in the Quran, “… and if there be women more than two, then theirs is two-thirdsof the inheritance, and if there be one ( only ) then the half " 4:1110.Islam protects the woman's right in choosing a suitable husband, where she hasthe right to accept andconsent (in spoken words) to the marriage if she had been married previously. TheProphet (Peace be upon him) said, "A woman who had been married previously shall be married only after her expressed order has been obtained…”
11. Islam protects the woman's right when sheweds if she has never been married before. The prophet (Peace be upon him) said, " … and a virgin shall be married only after her consent is obtained ".
12. Islam protects the woman's right in marriage, and makes it incumbent upon her husband to give her a dowry. Allah (SWT)says "… So for whatever you enjoy [of marriage] from them, give them their due compensation as an obligation.” 4:24
13. Islam protects the woman's right to keep her dowry after divorce. The husband has no right to claim any part of the dowry in exchange for granting divorce unless the wife gives up her right to it in order to obtain her freedom. Allah (SWT) says: “… And it is not lawful for you to take anything of what you have given them unless both fear that they will not be able to keep [within] the limits of Allah.” 2:229
14. Islam protects the woman's rights to ownership and disposition of property, her rights to enter into sales and purchase contracts, to rent and to enter into partnerships. It protects her rights to lend and mortgage, to leave a will, an endowment or a charity.
15. Islam protects the woman's rights to request the annulment of the marriage contract when hidden faults in her husband’s character become apparent. The Prophet (peace be upon him) said: “There shall be no harming, nor reciprocal harming”.
16. Islam protects the woman's rights to honor her dignity and prohibits using her as an object of lustful enjoyment even within an official marriage contract. Islam has therefore prohibited the “mut'ah marriage”, a fixed-term (temporary) marriage, during which the woman is used solely for sexual enjoyment, and then divorced after the lapse of that period. Our honorable Prophet has prohibited that until the Day of Judgment.
17. Islam protects the woman's rights to leave a will after her death. Allah (SWT) says, “… of what your wives leave… after any bequest they [may have] made or a debt”. 2:12
18. Islam protects the woman's rights when divorced. Allah (SWT) says, “… for divorced women a provision in kindness: aduty for those who guard (against evil)”. 2:241
19. Islam protects the woman's rights when she is pregnant, a right she shares with the unborn fetus. Allah (SWT) says: “ … and if they were pregnant then you should spend on themuntil they deliver their babies…" 65:6
20. Islam protects the woman's rights to ****ter and accommodation in the case of revocable divorce. Allah (SWT) says, “…Lodge them where you dwell, according to your means…” 65:6
21. Islam protects the woman's rights by regulating the rules of divorce. In this regards she cannot be divorced unless in a state of purity [not menstruating] and during a period where no sexual intercourse has taken place, to ensure that there is no pregnancy. This is important to establish the nature of her prescribed waiting period, which Allah has fixed for women meant to be divorced ('Iddah). Allah (SWT) says: “ … divorce them for [the commencement of] their waiting period and keep count of the waiting period…” 65:1
22. Islam protects the woman's rights to a gift if she is divorced before the consummation of marriage or the nomination of her dowry, as a gesture of solace and consolation to her. Allah (SWT) says, “There is no blame upon you if you divorce women you have not touched, nor specified for them an obligation. But give them [a gift of] compensation - the wealthy according to his capability and the poor according to his capability…” 2:236
23. Islam protects the woman's rights in the case of divorce after the nomination of her dowry but before the consummation of marriage, to take half the dowry unless she forgoes her right to it. Allah (SWT) says, “And if you divorce them before you have touched them and you have already specified for them an obligation, then [give] half of what you specified - unless they (the women) forgo the right to it…” 2:237
24. Islam protects the woman's rights to choose to return to her husband who divorced her once or twice after the end of her prescribed waiting period (‘Iddah) with a new marriage contract. Islam prohibits preventing her from doing so if there is an agreement between the two parties. Allah (SWT) says, “… do not prevent them from marrying their [former] husbands, if they mutually agree on equitable terms”. 2:232
25. Islam protects the woman's rights to have custody over her children unless she remarries. The Prophet (peace be upon him) said, “You have more right over him unless you [re] marry”.
26. Islam protects the woman's rights by enforcing the conditions of the prescribed waiting period (‘Iddah) so that her pregnancy can be determined and if so, her rights can be maintained. Allah (SWT) says, “Divorced women remain in waiting [i.e. do not remarry] for three periods.” 2:228
27. Islam protects the woman's rights by enforcing the system of counting the prescribed waiting period (‘Iddah) from beginning to end so she does not have to wait unnecessarily, and consequently be prevented from remarrying due to lack of information about the timing. Allah (SWT) says: “ … and keep count of the waiting period…” 65:1
28. Islam protects the woman's rights to accommodation during the prescribed waiting period (‘Iddah) and ordains it prohibited to drive her out of her home. Allah (SWT) says: “ … do not turn them out of their houses…” 65:1
29. Islam protects the woman's rights in the case of divorce before the consummation of marriage. In this case her prescribed waiting period (‘Iddah) is not counted. Allah (SWT) says: “ … O you who have believed, when you marry believing women and then divorce them before you have touched them [i.e. consummated the marriage], then there is not for you any waiting period to count concerning them..” 33:49
30. Islam protects the woman's rights to maintenance during her prescribed waiting period (‘Iddah) after a revocable divorce.
31. Islam protects the woman's rights by prohibiting tampering with the prescribed waiting period (‘Iddah); meaning that a husband might divorce his wife up until just before the end of her ‘Iddah then returns her; then repeats that to prolong the divorce proceedings. Allah (SWT) manifests that this is committing injustice to oneself. Allah (SWT) says, “…and do not keep them, intending harm, to transgress [against them]. And whoever does that has certainly wronged himself…” 2:231
32. Islam protects the woman's rights from the moral and sensory perspective and makes it prohibited on her husband to upset or offend her during her ‘Iddah period. Allah (SWT) says, “…and do not harm them in order to oppress them…” 65:6
33. Islam protects the woman's rights as a widow, and makes her entitled to inherit from her husband’s legacy. Allah(SWT) says, “…And for them [i.e. the wives] is one fourth if you leave no child. But if you leave a child then for them is an eighth of what you leave…” 4:12
34. Islam protects the woman's rights as a widow when her husband dies before consummating the marriage or nominating a dowry for her, by allocating a dowry given to other women of similar status, and giving her the right to inheritance, as was ordained by the Prophet (peace be upon him) to Burou’ bint Washiq Al-Ashja’eiah.
35. Islam protects the woman's rights as a breast-feeding mother by allocating wages for her, a right she shares with the breast-fed child. Allah (SWT) says, “…And if they breastfeed for you, then give them their payment…” 65:6
36. Islam protects the woman's rights by honoring her feelings towards her baby during the breast-feeding period. Allah (SWT) prohibited fathers from taking babies away from their mothers after divorce to be breast-fed by strangers, to cause them grief and sadness. Allah (SWT) says, “… no mother should be harmed through her child…” 2:233
37. Islam protects the woman's rights by giving her the freedom to choose whether to breast feed her baby after divorce or not, if there is a discord between the two parties. Allah (SWT) says, “ … but if you are in discord, then let some other woman breast feed for him (the father of the child)” 65:6
38. Islam protects the woman's rights during her menses by forbidding sexual intercourse with her, due to the harm it causes her and guarding against her feeling of repulsion. Allah (SWT) says, “ …keep away from wives during menstruation…” 2:222
39. Islam protects the woman's rights during her menses by allowing the act of loving-making, fondling and foreplay without the actual intercourse. This is a proof that the aim is not to avoid contact with women in this period but rather to avoid intercourse due to the harm it causes. Aisha (RAA) [the Prophet’s wife] narrated, “During the menses, the Prophet used to order me to put on an Izar (dress worn below the waist) and used to fondle me”.
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