A female Muftia?

[Noor ul Islam]

AssalaamuAlaikum
I would like to know that are there any controversies in the fact that a woman can become a muftia. Does anyone know the dalail for or against it. Although I gather that Hazrat Ayesha RAU was a great faqiha herself. Kindly enlighten. Wassalaam

[Husain]

I think the controversy is regarding whether a woman could be a Qadhi.
I don't think anybody says she cannot be a Mufti.

[Noor ul Islam]

AssalaamuAlaikum
Maulana, I have a friend from Saudi Arabia she has studied there she says that in Saudi Arabia a woman cannot become a muftia and there is a lot of Shar involved why she says so I cannot understand. Wassalaam

[Husain]

What they are probably referring to, is for a woman to be an officially appointed Mufti, as this will normally result in inter-action with men, leaving the home, possible neglect of children etc.

Maybe you should ask you friend for more details

And Allah Ta'la knows best

[purityline]

Assalamu 'alaykum wa rahmathullahi wa barakathuhu
May the peace, mercy and blessings of Allah be upon you all

An excellent question, =)

First, we can look at the definition of mufti:

A mufti (مفتي) is an Islamic scholar who is an interpreter or expounder of Islamic law (Sharia), capable of issuing fataawa (plural of "fatwa").

In this case, there is no gender associated, but of course, if we look back at our history, and even the times of the Prophet SAW, we can of course see that one of the greatest narrators of the Hadith was/is 'Aaishah, RA.

Source

Aisha lived in honor for almost fifty years following the death of the Prophet, most of this time was spent learning and acquiring knowledge of the Qur’an and Sunnah. Furthermore, she memorized the Revelation, understood it, and had her own script of the Qur’an written after the Prophet died. Aisha is deemed to be an authority for the interpretation of the Qur’an and as a transmitter of hadith (sayings of the Prophet). Her narration of at least 2,000 hadith (many of these pertaining to some of the most intimate aspects of personal behavior) gave Muslims valuable insights into the Prophet’s daily life and behavior, thus preserving the Sunnah of Muhammad (phuh). Aisha died in 678 C. E. and was buried beside other companions of the Prophet.

Aisha is proof positive that women can be more learned than men and can be the teacher of scholars; she can exert influence over men and women and, at the same time, be a loving source of joy and pleasure to her husband.

And I agree with the brother, inshallah, if you could find out more about the sisters personal situation, that would be easier to understand where she's coming from.

Alhamdulillah 'ala kulli 'haal
Praise be to Allah in every situation

[Colonel_Hardstone]

AssalaamuAlaikum
Maulana, I have a friend from Saudi Arabia she has studied there she says that in Saudi Arabia a woman cannot become a muftia and there is a lot of Shar involved why she says so I cannot understand. Wassalaam

Asslamo Allaikum,

Under Saudi Law:

1) Women cannot drive

2) Women are NOT allowed on boats (disagreement between Law & Religious Police)...A WOMAN CAN BE STOPPED FROM GETTING ON A BOAT IN A PICNIC AREA IN SAUDIA!...Try booking holidays with your wife in Saudia and your travel agent will tell you & also check Arabnews for evidence!

3) Women cannot vote

Practically:

4) Women lose custody upon divorce (without remarrying)

5) Women can be stopped by religious police if she is found to be walking around ALONE!

6) Alcohol, pictures, prostitution, pork is illegal but it is freely available everywhere & Saudi companies (ROYAL FAMILY) own some of the most luxurious hotels in the world dealing in all four world-wide and some of these hotels have branches right outside Haramain!

http://query.nytimes.com/gst/fullpag...54C0A962958260

http://www.arabianbusiness.com/49830...austria-hotels

7) Saudi Royal family invites the KILLERS OF MUSLIMS and give them dinner while hosting the event under a FULL AQUARIUM….Money of the Ummah wasted on the KUFFAR!

http://www.blinkbits.com/bits/viewtopic/rice's_dinner_with_sharks?t=12328371


These are just some examples!

So happenings in Saudia are no way an indictment of Islamic Shariah.

It’s a CRAZY place and I wouldn’t worry too much about a US colony.

P.S: Saudi Standaing committe for Fatwa (Lujna) have discussed the discrepancies in Saudia (inconsistencies with Sunnah) in Volume 4 (I think), please look it up.

[Colonel_Hardstone]

Asslamo Allaikum,

Before the current demonic, inhuman & unIslamic rule in Saudia, women particapted in many factes of life (under the Ottoman Empire) and to see evidence from history buy & read:

http://www.amazon.co.uk/Rise-Corrupt...9502996&sr=8-2

I know that the book is online somwhere so I will try to get you a link, Insha'Allah...

Meanwhile in the Hanafi Madhab a woman can be Qadhi (according to one opinion), let alone a Muftia, see below.

************************************************** *************



http://www.islamonline.net/livedialo...GuestID=07P5rt

Q) Can women be a candidate herself for parliament and can she be a member of parliment and can she be a minister of a country?

As salamu `alaykum brother,

I have already answered a similar question (my previous answer was to the question regarding women in politics).

Farming is one occupation women had.
Sahl ibn Sa'd, a Companion of the Prophet mentioned a women who had her own farm. She used to cultivate beets and barley to feed the Companions of the Prophet with it after Friday prayers.The daughter of Abu Bakr, Asma', mentioned that when she was married to Zubair, they did not have wealth. The Prophet gave them some land about two miles away from their home. She used to farm and transport the produce by herself. Asma' bint Abu Bakr reported, "One day I was coming back with date stones on my head. Then I met the Prophet with some people from Madinah. He asked me to ride with him on his camel's back." It was apparent that farming was independently done by women. Moreover, they
transported farm produce. If they had modern trucks, trains, ships and planes, Asma' and other women would have used them rather than carrying the goods on their heads. Quite a few women Companions of the Prophet were engaged in trading. Khadija, the Prophet's first wife, is the most famous example. Other women such as Khaula, Lakhmia, Thaqafia, and bint Makhramah traded in
perfumes.

"And whoever does good deeds whether male or female and he (or she) is a believer - these shall enter the garden, and they shall not be dealt with a jot unjustly" (Nisa 4: 124).

A Companion named Quila said to the Prophet , "I am a woman who buys and
sells things." Then she asked several questions about buying and selling.
Clearly, business was a legitimate activity of the women Companions of the Prophet.

The wife of 'Abdullah ibn Mas'ud met her expenses by manufacturing and selling handicrafts.

These able ladies may be compared to modern women who craft computer chips
and other high technological equipment and appliances, or to women bio-engineers
who design artificial limbs, hearts and respirators.

Saudah, the Prophet's wife, was an expert in tanning skins. She sold her tanned goods to trading caravans and local men throughout Medina.

Many examples of women actively participating in war could be found at the time of the Prophet.

One Companion, Umm 'Umarah, demonstrated courage and fearlessness in the
battle of Uhud.

Umm Hakim, wife of Ikrimah ibn Aji Jahl participated in the war against the Romans.

When Muslims suffered defeat in the Battle of Uhud, there was some confusion in the Muslim camp. Then Safiyah bint 'Abd al-Muttalib left Madinah armed
with a spear and aroused a sense of shame among those who were returning
from the battle. She angrily asked them, "Did you leave the Prophet behind?"

Asma' bint Yazid fought and killed nine enemy soldiers in the battle of
Uhud. Umm Salama, mother of Anas, went to battle with dagger. The grandmother of Hashraj ibn Zaid and five other women also went to the
Battle of Khyber. They told the Prophet , "Oh, Allah's Messenger! We have come that we might spin yarn and by this means help in the way of Allah. We have medicine for the wounded. We will give arrows to the archers and when needed, provide barley water to the fighters." Rufaidah Aslamiyyah was an expert in medicine and surgery. She used to tend to the sick and wounded in the battlefields. According to Ibn Sa'd, her tent
was equipped with equipment for surgery and first aid. When Sa'd ibn Mu'adh was injured in the Battle of the Trenches, the Prophet transferred him to
her tent for medical care. Other women experts in medicine and surgery were Umm Muta', Umm Kabashah, Hamnah bint Jahsh, Mu'adhah, Laila, Umaimah, Umm Zaid, Umm 'Atiyyah, and Umm Salama.

Rubayyi' bint Mu'awwaidh ibn 'Afra was a great Companion of the Prophet .
She tended to the wounded and sick and supplied water to the thirsty soldiers in
many battles. With other women, she transported the wounded and the dead in the war.

If the Prophet and his Companions were defending Islam today, those women warriors would be carrying machine guns, manning submarines, and
manufacturing arms.

If the modern ambulance systems had been in existence, the women would have been giving cardio-pulmonary resuscitation and transporting the sick to the nearest hospital.

Those Muslim women would have been trained in nursing and medical schools to take care of wounded soldiers. These women Companions of the Prophet would have been in the forefront of designing Star Wars technology to defend
Muslims.

Thank God we did not have our modern scholars in those days. Many assert that
women cannot think and are weak psycho-logically. These innovations of
modern-day scholars are contrary to the teachings of the Prophet.

For example, the Prophet consulted with Umm Salamah when he negotiated the
treaty of Hudaibah. Many Companions were angry with the weak terms of the treaty. It was Umm Salamah whose counsel helped ease the situation. Fatima bin Qais was a very able and intelligent scholar. When 'Umar died,
the
nomination committee consulted Qais on the selection of the next Caliph.

'Umar appointed Shifa bint 'Abdullah ibn Shams as the administrator of the
Market of Madinah which was one of the largest markets in those days.
According to 'Allama ibn 'Abd al-Barr, Shifa bint 'Abdullah was a very
intelligent and scholarly woman. Umar often took the initiative of asking
her
opinion to other people.
Women not only gave their opinion on various problems but also criticized state matters and participated in the evaluation and reckoning of a ruler's actions.

It is commonly believed that freedom of speech originated recently in the West. This is no more than myth. Islam introduced equal rights and freedom of
expression for women fourteen hundred years ago. The incident about mahr (dower) in the Caliphate of 'Umar is well known. When he decided to fix the dower money, an old woman protested that he had no right to decide about it.

There are many female jurists in early Islamic history. In jurisprudence, 'Aisha had few equals and Umm Salam also gave many legal rulings.

Others are Safiyyah, Hafsa, Umm Habiba, Juwayriyyah, Maymuna, Fatima, Zahra,
Umm Sharik, Umm 'Atya, Asma' bint Abu Bakr, Haila bint Qanif, Khaula bint Tuwait, Umm al-Darda, Atika bint Zaid, Sahalah bint Suhail, Fatima bint
Qais, Zaynabah bint Abu Salamah, Umm Ayman, and Umm Yusuf.

A noted medieval Muslim scholar, Imam Badr al-din Kashani, explained the rationale for appointing a women Qadhi (judge): "Where there is ability to give testimony, there is also the ability of qadhi (ruling)." According to al-Tabari, a woman can be an absolute judge in every matter. It is reported that Dawud ibn Husayn, a companion of the Prophet , used to
take Qur'anic lessons from Umm Sa'd Jamilah bint As'ad Ansariyyah, daughter of As'ad ibn Rabi who fought in the Battle of Badr and achieved martyrdom in
the Battle of Uhud. According to ibn Athir, Umm Sa'd had memorized the Qur'an and used to give regular lessons. Khansa bint 'Amr was a woman of great stature and a poetess of great fame.According to ibn Athir, all poets of fame unanimously agree that no poetess ever equalled Khansa, and the Prophet appreciated her verses.

Su'da,Safiyyah, 'Atikah, Muridiyyah, Qunila Abduriyyah, Umm Ayman, Umm
Ziad,
and Kabsah bint Rafi were also well known poetesses at the time of the Prophet .

There were not many different kinds of jobs during the days of the Prophet .Farming, trading, construction, tool making, tanning, breadmaking,teaching,transporting goods, nursing, health care and defense of the nation were the major economic activities in those days. Female Companions of the Prophet participated in all these activities with his approval.

[Musleemah]

Under Saudi Law:

1) Women cannot drive

They don't say that driving itself is haram but because of what will result from it, read the fatwas regarding it then you will understand insha Allah, check Islam Q&A
also, it was not a fatwa for every country, it is specific to Saudi Arabia.
women in other countries ask their scholars that give fatwa in their countries, for some fatwas can differ depending on country and their situation there.

2) Women are NOT allowed on boats (disagreement between Law & Religious Police)...A WOMAN CAN BE STOPPED FROM GETTING ON A BOAT IN A PICNIC AREA IN SAUDIA!...Try booking holidays with your wife in Saudia and your travel agent will tell you & also check Arabnews for evidence!

firstly, Arabnews is not evidence.
secondly, could you get me a fatwa by a saudi scholar that says that women are not allowed on boats with their mahram and while wearing hijab?

4) Women lose custody upon divorce (without remarrying)

your evidence?

5) Women can be stopped by religious police if she is found to be walking around ALONE!

your evidence?
I live in saudi Arabia and have seen with my own eyes women walking alone.
a sister whom I know used to walk alone from her home to the school where women memorize Quran (dar tahfiz)

6) Alcohol, pictures, prostitution, pork is illegal but it is freely available everywhere & Saudi companies (ROYAL FAMILY) own some of the most luxurious hotels in the world dealing in all four world-wide and some of these hotels have branches right outside Haramain!

Subhanallah ! how can you say this?
do you live in Saudi Arabia? have you seen pork or alchohol being sold in stores?!!
or being displayed in streets for anyone to take??!!
and have you seen prostitues displaying themselves in public or walking around freely while they are known to be prostitutes??

if you are talking about people having alcohol inside their home, brining it ILLEGALLY without police knowing, like drug dealers do in many countries, then of course that happens but if police find out about it they are to be punished !
alcohol is not even allowed in hotels or on saudi airplanes, not like UAE , you find it in airports and hotels, dont' know about stores.

and I don't care about hotels owned by saudi companies or royal family that are OUTSIDE of saudi arabia
we are talking about INSIDE THE COUNTRY.

These are just some examples!

give us examples of fatwas by scholars, not actions of individuals.

[Musleemah]

Asslamo Allaikum,

Before the current demonic, inhuman & unIslamic rule in Saudia, women particapted in many factes of life (under the Ottoman Empire) and to see evidence from history buy & read:

http://www.amazon.co.uk/Rise-Corrupt...9502996&sr=8-2

wa alaykum assalam
what "inhumane" and "unIslamic" rule are you talking about?
women are allowed to go to schools, get jobs, be treated in hospitals, own lands, have a business ..etc.
so where is the problem?
and brother before you start making accusations, bring ur evidence, and note that western propaganda is not evidence.

[purityline]

Assalamu 'alaykum wa rahmathullahi wa barakathuhu
May the peace, mercy and blessings of Allah be upon you all

So happenings in Saudia are no way an indictment of Islamic Shariah.

This is correct in that the core and fundamental foundation on which the Saudi government bases its values and principles is against Islam: i.e. a monarchy.

But otherwise, brother, your argument is quite weak. There are many points which can be refuted. Such as the pork, alcohol, hotels and driving. A sister has mentioned some points.

They don't say that driving itself is haram but because
I live in saudi Arabia and have seen with my own eyes women walking alone.
a sister whom I know used to walk alone from her home to the school where women memorize Quran (dar tahfiz)

do you live in Saudi Arabia? have you seen pork or alchohol being sold in stores?!!
or being displayed in streets for anyone to take??!!
and have you seen prostitues displaying themselves in public or walking around freely while they are known to be prostitutes??

if you are talking about people having alcohol inside their home, brining it ILLEGALLY without police knowing, like drug dealers do in many countries, then of course that happens but if police find out about it they are to be punished !
alcohol is not even allowed in hotels or on saudi airplanes, not like UAE , you find it in airports and hotels, dont' know about stores.

and I don't care about hotels owned by saudi companies or royal family that are OUTSIDE of saudi arabia we are talking about INSIDE THE COUNTRY.

give us examples of fatwas by scholars, not actions of individuals.

Jazakallah sis.

I lived in Saudi Arabia my whole life, and although it may not be a country of angels [such as no country is] and as I have mentioned before, does not really qualify as an Islamic state, it is nowhere near as bad as has been painted.

Although I do agree that illegally there is alcohol available, secret parties, prostitution and so-forth, the government definitely takes part in trying to prevent this by having raids, police and religious police. They can't do everything, however, and to each man his own. They try, though.

Think of the good things, like they allow people to come and stay illegally when they know that those people have no choice i.e. refugees from Afghanistan, parts of Africa and Asia. They are custodians of the Haramain and the hotels and stuff have nothing to do with it!

I know this is going off topic, but it relates in that there must be reason why the women are prevented from being 'Muftia'. Maybe there are enough men on the board or something minor like that.

Inshallah if we refrain from speculating and remember that it is Allah who is the All-Knower and All-Seer of things.

Alhamdulillah 'ala kulli 'haal
Praise be to Allah in every situation