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Tuesday, 30 September 2014

Daughters’ rights in Islam

In Islam bringing up girls is strongly appreciated. Prophet Muhammad promised the one who brings up their girls properly that he would accompany him in paradise. To understand why the noble Prophet Muhammad, peace and blessings be upon him, empathized the well bringing up of girls we have to know that in the Arabic society before Islam, fathers used to feel disgraced when a daughter is borne to him. They used to burry the girl alive to get rid of the shame. They considered the daughter as inferior to the son. In fact only few of them were a bit fair to girls.
Fighting such an unfair attitude was one of the main issues in Islam that came with the major concept of equality between all races, “An Arab is not better than a non-Arab and a non-Arab is not better than an Arab”
To fulfill this concept Islam had to fight sex discrimination. Islam fought this discrimination in various ways in which Islam ensured the rights of women whether as a mother, wife or daughter.
Among the sayings of the Prophet, peace and blessings be upon him, regarding daughters are : 
  • Malik reported Allah's Messenger, may peace be upon him, as saying: He, who brought up two girls properly till they grew up, he and I would come (together) (very closely) on the Day of Resurrection, and he interlaced his fingers (for explaining the point of nearness between him and that person).
  • Mother of the believers, A'isha, the wife of Allah's Apostle, may peace be upon him, said: A woman came to me along with her two daughters. She asked me for (charity) but she found nothing with me except one date, so I gave her that. She accepted it and then divided it between her two daughters and she ate nothing out of that. She then got up and went out, and so did her two daughters. (In the meanwhile) Allah's Apostle, may peace be upon him, visited me and I narrated to him her story. Thereupon Allah's Apostle, may peace be upon him, said: He who is involved (in the responsibility) of (bringing up) daughters, and he accords benevolent treatment towards them, there would be protection for him against Hell-Fire.
  • Mother of the believers, A'isha, may Allah be pleased with her, reported: A poor woman came to me along with her daughters. I gave her three dates. She gave a date to each of them and then she took up one date and brought that to her mouth in order to eat that, but her daughters expressed desire to eat it. She then divided the date that she intended to eat between them. This (kind) treatment of her impressed me and I mentioned that which she did to Allah's Messenger, may peace be upon him. Thereupon he said: Verily Allah has assured Paradise for her, because of (this act) of her, or He has rescued her from Hell-Fire.
    Translation of Sahih Muslim, Book 32, The Book of Virtue, Good Manners and Joining of the Ties of Relationship (Kitab Al-Birr was-Salat-I-wa'l-Adab) - Chapter 44: THE MERIT OF ACCORDING BENEVOLENT TREATMENT TO DAUGHTERS
  • A daughter always belong to the paternal family. Marriage does not break this bond. The Islamic social order makes elaborate arrangements for fair treatment of the daughter.
  • The daughter have the right to be financially supported by her father till she gets married (where she is financially supported by her husband). If the father dies then her financial support becomes the responsibility of her brother
  • Daughters must receive love and best maintenance.
  • Daughters have as much rights as the son in educational, physical and mental uplifting.
  • Daughters have their share in the father's property, which is recognized and granted at every cost.
  • Daughters have the right to choose her husband. The father is not allowed to oblige her to marry a certain person.
  • If, by chance, a woman becomes a widow or is divorced, Islamic law reverts her back to the paternal home where she is supported financially (if widowed while if divorced she is financially supported by her ex-husband during her period of Iddat then by her father) and looked after with love and affection.The Noble Prophet, peace and blessings be upon him, said, "should I not tell you what is the best charity..That you should show kindness to that daughter who(becoming a widow of having been divorced) has been returned to you, and who has no other maintainer or supporter." (Ibne-e-Majah, Abwahul Adab).

Wednesday, 6 August 2014

The Muslims and the Jews

In A.D. 70, the Roman general, Titus, captured Jerusalem and put an end to the Jewish rule of Palestine. Following the Roman conquest, many of the Jews left their homeland and wandered into other countries. Some Jewish tribes crossed the Syrian desert and entered the Arabian peninsula where they settled in Hijaz. In course of time they built up numerous colonies in Medina and between Medina and Syria. They are also said to have converted many Arabs to Judaism.
At the beginning of the seventh century A.D., there were three Jewish tribes living in Medina (Yathrib). They were Banu Qainuka'a, Banu Nadhir and Banu Qurayza. All three tribes were rich and powerful, and also, they were more civilized than the Arabs. Whereas the Arabs were all farmers, the Jews were the entrepreneurs of industry, business and commerce in Arabia, and they controlled the economic life of Medina (Yathrib). The two Arab tribes – Aus and Khazraj – were debt-ridden to the Jews perennially.
Besides Medina, the strong centers of the Jews in Hijaz were Khyber, Fadak and Wadi-ul-Qura. The lands in these valleys were the most fertile in all Arabia, and their Jewish cultivators were the best farmers in the country.
The migration of Muhammad, the Prophet of Islam, from Makkah to Medina (then Yathrib), brought him into contact with the Jews for the first time. At the beginning they were friendly to him. He granted them the famous Charter of Medina, and they acknowledged him the ruler of their city, and agreed to abide by his decisions in all disputes. They also agreed to defend the city in the event of an invasion by an enemy.
But, unfortunately, this friendship did not last long. It soon became obvious that the Jews had given their friendship to Muhammad with many reservations. In their own interest, they ought to have acted their part of the agreement faithfully but they did not. For this change in their attitude, there were many reasons, among them:
1. When Muhammad arrived in Medina, he reformed the life of the Arabs or whoever became a Muslim. He taught them to be temperate and moderate in everything, and taught them the value of discipline in life. They stopped drinking and gambling both of which were the causes of their ruin in the past; and they gave up taking loans at high rates of interest from the Jews.
When the Arabs stopped taking loans and paying interest on them, a rich source of revenue suddenly dried up for the Jews, and they bitterly resented this. They could now see that their grip on the economic life of Medina was beginning to loosen.
2. The Jews also realized that Islam was an enemy of the system of exploitation, and of the capitalist system. They began to see Islam as a threat to their economic interests.
3. The Jewish priests hated Muhammad as much as the Jewish money-lenders. He had shown to the Jews how their priest followed deviant interpretations of their scriptures, and how they distorted their text. The priests, on their part, tried to convince their flocks that Muhammad did not have knowledge of their scriptures, and they tried to point out to them the “errors” in the Qur’an.
The Jews also believed that they were safe only as long as the two Arab tribes of Medina, the Aus and the Khazraj, were fighting against each other. Peace between the Aus and the Khazraj, they thought, would pose a threat to their survival in Arabia. For this reason, they were always fomenting trouble between them.
Of the three Jewish tribes of Medina, the Banu Qainuka'a and the Banu Nadhir had already been expelled after the battles of Badr and Uhud respectively, and they had left with all their baggage, and herds of animals, and had resettled in Khyber.
The third and the last tribe of the Jews in Medina was the Banu Qurayza. According to the terms of the Charter of Medina, it was their duty to take an active part in defending the city during the siege of A.D. 627. But not only they did not contribute any men or materials during the siege but were actually caught conspiring with the enemy to compass the destruction of the Muslims. Some Jews even attacked a house in which many Muslim women and children had taken refuge as it was considered a safer place for them than their own houses.
If Amr ibn Abd Wudd had overcome the resistance of the Muslims, the Jews would have attacked them from the rear. Between the pagans of Makkah and the Jews of Medina, the Muslims would have been massacred. It was only the presence of mind of Muhammad and the daring of Ali that averted such a disaster.
R.V.C. Bodley
The Jews were not at first inclined to listen to Abu Sofian's proposal (to attack Muslims from the rear), but after a while they compromised and agreed to betray the Moslems when the time seemed opportune. (The Messenger  the Life of Mohammed)
The conduct of the Jews during the siege of Medina was high treason against the State. Therefore, when the confederate army broke up and the danger to Medina was averted, the Muslims turned their attention to them.
The Jews shut themselves up in their forts and the Muslims besieged them. But some days later, they requested the Prophet to raise the siege, and agreed to refer the dispute to arbitration.
The Prophet allowed the Jews to choose their own arbitrator. Here they made a very costly blunder. They should have chosen Muhammad himself – the embodiment of mercy – to be their judge. If they had, he would have allowed them to depart from Medina with their baggage and their animals, and the incident would have been closed.
But the Jews didn't choose Muhammad as their judge. Instead, they chose Sa'ad ibn Muadh, the leader of their former allies, the Aus. Sa'ad was a man who was utterly reckless with life – his own as well as that of others.
Sa'ad had received a mortal wound during the battle of the Trench, and in fact died soon after he had passed judgment on the fate of the Jews. He declared treason to be an unpardonable offense, and his verdict was inexorable. He invoked the Torah, the Scripture of the Jews, and sentenced all men to death, and women and children to slavery. His sentence was carried out on the spot.
The Jews of the tribe of Qurayza were massacred in the spring of A.D. 627. From this date, the Jews ceased to be an active force in the social, economic and political life of Medina.

CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN, 1973

PART IIntroductory
Articles
PART II
Fundamental Rights and Principles of Policy
CHAPTER 1. — FUNDAMENTAL RIGHTS
8. Laws inconsistent with or in derogation of Fundamental Rights to be void.
9. Security of person.
10. Safeguards as to arrest and detention.10.A. Right to fair trial.11. Slavery, forced labour, etc., prohibited.12. Protection against retrospective punishment.13. Protection against double punishment and self-incrimination.
14. Inviolability of dignity of man, etc.
15. Freedom of movement, etc.16. Freedom of assembly.17. Freedom of association.18. Freedom of trade, business or profession.19. Freedom of speech, etc.19A, Right to Information.20. Freedom to profess religion and to manage religious institutions.21. Safeguard against taxation for purposes of any particular religion.22. Safeguards as to educational institutions in respect of religion, etc.23. Provision as to property.24. Protection of property rights.25. Equality of citizens.25A. Right to education.26. Non-discrimination in respect of access to public places.27. Safeguard against discrimination in services.28. Preservation of language, script and culture.
CHAPTER 2. — PRINCIPLES OF POLICY
PART III
The Federation of Pakistan
CHAPTER 1. — THE PRESIDENT
CHAPTER 2. — THE MAJLIS-E-SHOORA (PARLIAMENT).
Composition, Duration and Meetings of
Majlis-e-Shoora (Parliament).
Provisions as to members of Majlis-e-Shoora (Parliament).
Procedure Generally
Legislative Procedure
Financial Procedure
CHAPTER 3. — THE FEDERAL GOVERNMENT
PART IV
Provinces
CHAPTER 1. — THE GOVERNORS
CHAPTER 2. — PROVINCIAL ASSEMBLIES
Financial Procedure
Ordinances
CHAPTER 3. — THE PROVINCIAL GOVERNMENTS.
PART V
Relations Between Federation and Provinces.
CHAPTER 1. — DISTRIBUTION OF LEGISLATIVE POWERS.
CHAPTER 2. — ADMINISTRATIVE RELATIONS BETWEEN
FEDERATION AND PROVINCES.
CHAPTER 3. — SPECIAL PROVISIONS
PART VI
Finance, Property, Contracts and Suits
CHAPTER 1. – FINANCE
Distribution of Revenues between the
Federation and the Provinces.
Miscellaneous Financial Provisions
CHAPTER 2. — BORROWING AND AUDIT
Audit and Accounts
CHAPTER 3. — PROPERTY, CONTRACTS,
LIABILITIES AND SUITS
PART VII
The Judicature
CHAPTER 1. — THE COURTS
CHAPTER 2. — THE SUPREME COURT OF PAKISTAN.
CHAPTER 3. — THE HIGH COURTS
CHAPTER 3A. — FEDERAL SHARIAT COURT.
CHAPTER 4. — GENERAL PROVISIONS RELATING
TO THE JUDICATURE
PART VIII
Elections
CHAPTER 1. — CHIEF ELECTION COMMISSIONER AND
ELECTION COMMISSIONS.
CHAPTER 2. – ELECTORAL LAWS
AND CONDUCT OF ELECTIONS
PART IX
Islamic Provisions
PART X
Emergency Provisions
PART XI
Amendment of Constitution
PART XII
Miscellaneous
CHAPTER 1. — SERVICES
CHAPTER 2. — ARMED FORCES
CHAPTER 3. — TRIBAL AREAS
CHAPTER 4. — GENERAL
CHAPTER 5. – INTERPRETATION
CHAPTER 6. — TITLE, COMMENCEMENT AND REPEAL.
CHAPTER 7. — TRANSITIONAL
267. Power of President to remove difficulties.267A. Power to remove difficulties.
267B. Removal of doubt.
268. Continuance in force, and adaptation of, certain laws.
269. Validation of laws, acts, etc.
270. Temporary validation of certain laws, etc.
270A. Affirmation of President’s Orders, etc.
270AA. Declaration and continuance of laws etc.
270B. Elections to be deemed to be held under Constitution.270BB. General Elections 2008.
270C. Oath of office of Judges, etc.
271. First National Assembly.
272. First Constitution of Senate.
273. First Provincial Assembly.
274. Vesting of property, assets, rights, liabilities and obligations.
275. Continuance in office of persons in service of Pakistan, etc.
276. Oath of first President.
277. Transitional financial provisions.
278. Accounts not audited before commencing day.
279. Continuance of taxes.
280. Continuance of Proclamation of Emergency.
SCHEDULES