Imra' (woman: her rights, duties and status in fiqh)

المرأة

Imra' is the adult female, and some rulings apply to her specifically, such as shares of inheritance and testimony. ¹ A woman has a right to care and education; once she has judgement she has an independent financial standing, is not married without her consent, and must cover herself and avoid mixing with men. ¹² She is bound by the Law, with some differences in forms of worship; she has menstruation, pregnancy and childbirth; in general she does not hold the rule of amirate or judgeship, is not bound to jihad, and her testimony is half a man's. ¹² The man is in charge of her, and her maintenance is due from her husband. ²

Definition

Mar' is a person; its feminine is mar'a, which with the hamza of joining becomes imra'a, the name for an adult woman. In some chapters, such as inheritance, it can apply to a girl. ¹

Ruling

A woman has a right to care in childhood, to upbringing and education, and a father must train his daughter well. ¹
Once she has judgement she has an independent financial standing and may express her own will, so she is not married without her consent. ¹
A woman must keep her femininity, cover herself, and avoid being alone with strangers, so she stands behind the men's rows in prayer; she may not imitate men. ¹
She is bound by the religious duties, with some differences in forms of worship; because God gave her menstruation, pregnancy and childbirth, she is eased in some acts of worship for them. ¹²
Because of the frailty of her make-up, she in general does not hold the offices of amirate or judgeship, and jihad is not required of her; her testimony is half a man's. ²
Custody of children goes first to the mother for her tenderness; her principal work is her home, husband and children, and her maintenance is due from her husband even if she is rich; the man is in charge of her. ²

Obstructing a marriage (adl): the guardian and the husband

In the lexicon, adl means to prevent, and the jurists use it of a guardian who prevents his ward's marriage, and in the case of divorce for ransom of a husband who harms his wife so that she will pay him back. In principle it is forbidden for a guardian to prevent a ward's marriage to a suitable husband, and for a husband to harm his wife to force her to ransom herself; a guardian may be permitted to refuse for the woman's own benefit. A guardian is an obstructer when a woman asks for a suitable husband, or a suitable man proposes, and he refuses without a valid reason, whether or not she asks for her proper dower; the Hanafis do not count refusing a dower below the usual amount as obstruction, and the Malikis do not count a compelling father's rejection of suitors as obstruction unless harm is intended. Once obstruction is proven before the judge, he orders the marriage; if the guardian still refuses, guardianship passes to the ruler according to the Hanafis, Shafi'is, most Malikis and one Hanbali narration, or to the next guardian according to the main Hanbali view; if all guardians obstruct, the judge contracts the marriage.

Imra' (woman: her rights, duties and status in fiqh)

At a glance

Definition

Ruling

People and things also explored

Sources

Ideas

Obstructing a marriage (adl): the guardian and the husband