Category Archives: Rights of Woman

On troubling Hadiths

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A few thoughts on hadiths and religion in general:

I had a difficult relationship with religion while I was growing up. As a child, I used to be a voracious reader and stumbled upon lots of things, including the Hadith collection my parents had. Now there was one particular Hadith that I read when i was about 10 - which was a real shock to the system. I cannot emphasize how shocking - and how much impact it had - but in any case, it”s something that troubled me for a long long time. Frankly I couldn”t believe it. And it wasn”t something you could speak about to people - a) it was extremely indecent or so I felt as a child ( and the horror of having found it in a Hadith collection, can you imagine) and b) not the sort of thing you can broach to “religious” people very easily - and plus the whole ” forbidden areas of thinking” thing. I felt terribly alone - had anyone else read this stuff? what did they think about it if they had? no answers for a long time.

Now fast forward to the days where you can look up anything on the net -hooray ! and ask all sorts of people questions on the internet and generally find out more about what”s going on in other people”s heads. I”ve had some discussions about this hadith - but not too many -and then I tracked it down just to be sure i hadn”t dreamed it up, thanks to the USC MSa Compendium of Muslim texts which is searchable and a handy resource.

And of course as a child I had no idea about sex slavery or concubinage (whatever you want to call it) - or that islamic fiqh had regulated the conditions of slavery. of course the war booty thing ties in with the “taking women ransom” but I”d never heard such justifications back then. If i had, i”m sure my feelings at the time of the Iraq invasion would have been even more complicated. {and plus all the stories you hear from relatives in bangladesh about the pakistani soldiers raping women in the war} These sorts of things are everywhere, but you don”t expect to read about them in compilations of “religious texts”. Why doesn”t it bother more people that”s what I wanted to know, what I still want to know, or how it can be “rationalised”. Some people are thinking about these knotty issues, but most people will brush them under the carpet. I daresay that is the natural thing to do - avoid controversy.

The Hadith in question is taken from Sahih Muslim, Book 8 which is the The Book of Marriage” (Kitab Al-Nikah)

Chapter 22: AL AZL (INCOMPLETE SEXUAL INTERCOURSE): COITUS INTERRUPTUS

Book 008, Number 3371:

“Abu Sirma said to Abu Sa”id al Khadri (Allah he pleased with him): 0 Abu Sa”id, did you hear Allah”s Messenger (may peace be upon him) mentioning al-”azl? He said: Yes, and added: We went out with Allah”s Messenger (may peace be upon him) on the expedition to the Bi”l-Mustaliq and took captive some excellent Arab women; and we desired them, for we were suffering from the absence of our wives, (but at the same time) we also desired ransom for them. So we decided to have sexual intercourse with them but by observing “azl (Withdrawing the male sexual organ before emission of semen to avoid-conception). But we said: We are doing an act whereas Allah”s Messenger is amongst us; why not ask him? So we asked Allah”s Mes- senger (may peace be upon him), and he said: It does not matter if you do not do it, for every soul that is to be born up to the Day of Resurrection will be born.

So that”s pretty much what rocked my boat: I don”t know what people manage to rationalize as adults but as a child that was pretty damn shocking to me, particularly given what I was told by my Mother about the “morals of sexuality in Islam”.

The next few narrations in Sahih Muslim which touch on this as well:

Book 008, Number 3372: A hadith like this has been narrated on the authority of Habban with the same chain of transmitters (but with this alteration) that he said:” Allah has ordained whom he has to create until the Day of judgment.” Book 008, Number 3373: Abu Sa”id al-Khudri (Allah be pleased with him) reported: We took women captives, and we wanted to do “azl with them. We then asked Allah”s Messen- ger (may peace be upon him) about it, and he said to us: Verily you do it, verily you do it, verily you do it, but the soul which has to be born until the Day of judgment must be born. Book 008, Number 3381: Abu Sa”id al-Khudri (Allah be pleased with him) reported that Allah”s Messenger (may peace be upon him) was asked about “azl, whereupon he said: The child does not come from all the liquid (semen) and when Allah intends to create anything nothing can prevent it (from coming into existence). Book 008, Number 3377: Abu Sa”id al-Khudri (Allah be pleased with him) reported that mention was made of “azl in the presence of Allah”s Apostle (may peace be upon him) whereupon he said: Why do you practise it? They said: There is a man whose wife has to suckle the child, and if that person has a sexual intercourse with her (she may conceive) which he does not like, and there is another person who has a slave-girl and he has a sexual intercourse with her, but he does not like her to have conception so that she may not become Umm Walad, whereupon he (the Holy Prophet) said: There is no harm if you do not do that, for that (the birth of the child) is something pre- ordained. Ibn “Aun said: I made a mention of this hadith to Hasan, and he said: By Allah, (it seems) as if there is upbraiding in it (for “azl).”

Apparently the reason they seem to talk about this “al-azl” thing so much is all tied up with the permissibility of contraception, or so it seems. So that”s what the men were bothered about: contraception - not - oh is it okay if i just have a quickie with this woman captive/slave girl here? and personally what i found the most shocking was that the Prophet was amongst them at the time - so what was he doing there while these men were “enjoying” the captive women? I really had a lot of trouble with this one - once I”d read that I felt really resentful when as a teenager - time and time again- people would say “well we are all very moral people. we do not believe in boyfriends or girlfriends”. Sure aunties and uncles..i wanted to say..how do you explain this stuff then? {but of course good asian girls are not mean to answer back to the “community” are they now, oh no}
Wholesome reading isn”t it. I can”t understand personally when you have lurid tales like these why anyone is bothered about cartoons. It seems to me if there is anything that would defame the character of a Holy Prophet then Hadiths like this one are the culprit. Would I choose to accept this as “religious tradition” - well no of course not. If this is meant to be true then I can”t say honestly that I am impressed at all.
A note on inauthentic and authentic hadiths: These Hadiths are from the Sahih Muslim collection. For a long time I was vaguely aware that there were “weak”" hadiths around - basically Hadiths that were “questionable” and didn”t have a reliable “chain” of narration. So for a while I assumed that this creepy stuff about coitus interruptus with captive women would surely fall into the “questionable” camp, oh no - it turned out to be in Sahih Muslim - which according to Sunni tradition after Sahih Bukharis meant to be the two most reliable ones! ( don”t take my word for it - read the wikipedia links below). Well as far as I know anyway - i”d love it if someone came along and said, actually this stuff is bollocks too. Apparently Shias dismiss Sahih Muslim as inauthentic - I wonder why?
“A Sahih hadith is the one which has a continuous isnad, made up of reporters of trustworthy memory from similar authorities, and which is found to be free from any irregularities (i.e. in the text) or defects (i.e. in the isnad)”

wikipedia tells us that:

Muhammad”s sayings and deeds are called sunnah and are transmitted through hadith. Imam Muslim (full name Abul Husain Muslim bin al-Hajjaj al-Nisapuri) was born in 202 A.H. and died in 261 A.H. He traveled widely to gather his collection of ahadith, including to Iraq, Saudi Arabia, Syria, and Egypt. Out of 300,000 ahadith which he evaluated, only 4,000 approximately were extracted for inclusion into his collection based on stringent acceptance criteria. Each report in his collection was checked for compatibility with the Qur”an, and the veracity of the chain of reporters had to be painstakingly established. Muslim was a student of Bukhari and Ahmad ibn Hanbal.

It is important to realize, however, that Imam Muslim never claimed to collect all authentic traditions. He tried to collect only traditions that all Muslims should agree on its accuracy. There are other scholars who worked as Muslim did and collected other authentic reports. After Sahih Bukhari, this is the most authentic hadith collection in the Sunni perspective.

According to Munziri, there are a total of 2200 hadiths (with no repetition) in Sahih Muslim. This would bring the total of Sahih Bukhari and Sahih Muslim to 3000 hadiths. According to most Hadith scholars[1], there are 1400 authentic hadiths that are reported in other books (mainly the Six major Hadith collections).

hadith

Bangladesh and Citizenship: Discrimination against women

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More nation-state woes. Right: so discrimination against women is rampant in Bangladesh, as in other parts of the world. But I was really shocked when i found out recently about some pretty fundamental discrimination: citizenship laws and how they affect women. That seems to me rather critical. Okay so basically I”m a Bangladeshi citizen –> I hold a Bangladeshi passport. Now if a Bangladeshi man marries someone who isn”t a Bangladeshi citizen, fine no problemo mrs. x can become a bangladeshi citizen if she wants to, and basically has the ability to get a “Visa Exemption” stamp in her passport on proving that she”s married to some Bangladeshi bloke. Same with kids of aforementioned bangladeshi bloke - they”re entitled to nationality of their father - if they so choose - and if they don”t get themselves a Bangladeshi passport, they can still get themselves the “Visa Exemption” thingie in their (say) British passport.

Right : so what”s the problem here? Men are able to transmit their nationality - and effectively - rights to visiting their country - to their spouse and children. Fine. You wouldn”t expect any less. But is the same right extended to women? OH NO!

No it isn”t. If you are a Bangladeshi WOMAN married to some one who isn”t a BANGLADESHI citizen already - forget about the right to transmit your nationality along. You haven”t the right. TO your own children. If your child is born in Bangladesh - i guess that”s a different story. ( But i”m not sure of the detail - it generally seems to all rest upon who the father is. Such a paternalistic system)

But the fact remains, as a Bangladeshi citizen who lives somewhere else, if you”re a man, you can sort your wife and children out, but if you”re a woman, they don”t recognize your right to bring your children into the country, and your husband. they have to apply for visas like any tom dick and harry. so okay they might not mind, and as some folks have said, a bangladeshi passport isn”t something that everyone wants to have. Ha - you don”t say! :-) but that” ain”t the point. The point is that as a Bangladeshi woman, i am very annoyed with my government for thinking they can coolly make such statements and not piss me off. It”s my right to transmit my nationality to my child if i have one. Certainly, it”s discrimination in any case. I”m frightfully annoyed by this.

Patriarchy indeed.

Check out the guidelines for “Visa Exemption” published by the Bangladeshi High Commission, U.K. I have to do my research to check up what the actual laws surrounding citizenship are in Bangladesh - i”ve heard the mention of the Citizenship Act of 1951 back in the East Pakistani days - which may not have been amended since - who knows - either which way, watch this space for more information.

UPDATE:

The Convention on the Elimination of all Forms of Discrimination against Women (the CEDAW Convention) is a human rights treaty for women. The UN General Assembly adopted the CEDAW Convention on 19th December 1979. It came into force as a treaty on 3rd September 1981 -CEDAW is one of the most highly ratified international human rights conventions.

I’ve found a statement by one Hameeda Hossain, To the Committee on the Elimination of all forms of Discrimination Against Women, On the Fifth Periodic Report of the Government of the People’s Republic of Bangladesh at the 31st CEDAW Session, New York, in 2004 - as follows:

“..I would like to raise four critical areas of systemic discrimination against women:..”

And the second item on the list was:

” Citizenship Rights: Our second concern is that two outdated laws: The Bangladesh Citizenship Act, 1951 and The Bangladesh Citizenship (Temporary Provisions) Order 1972, deprive women of equal rights in citizenship. The prescription that the right of citizenship be passed on to children from “father and grandfather” is clearly inconsistent with constitutional guarantees of equality in Article 28(1 & 2). Although Article 6 of the Constitution states that citizenship will be determined and regulated by law, but its intention cannot be to create different classes of citizenship. These laws are also inconsistent with Bangladesh’s ratification of Article 9 of CEDAW. The government in its answer to question no 34 of the Committee has stated that the matter was discussed in the meeting of the National Council of Women in September 1992, but a decision was not taken. It is our submission that the amendment required is a minor one of language and not of principles or policy and the Ministry of Law, Justice and Parliamentary Affairs could, therefore, be tasked, to draft the amendments for adoption by Parliament, within a stated time period. We would further submit that both section 5 of the Bangladesh Citizenship Act 1951 and Bangladesh Citizenship Act (Temporary Provisions) Order of 1972 be amended to remedy discrimination with regard to citizenship.

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