Gender Equity in Islam

Jamal Badawi

Channel: Jamal Badawi

Episode Notes

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That means All praise is due to Allah, the sole creator and Sustainer of tradition of the universe and made his peace and blessings upon his last prophet Muhammad peace be upon him upon his companions and followers and upon all of the prophets before

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I get into all which establish creating Salam aleikum wa rahmatullah wa barakato. Meaning they the face blessing and mercy of Allah He with you all, wish, the organizers and thank you all, for honoring me to share a few words with you just informed that I haven't prepared the speech, the desktop, the time for speeches,

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reflections, I can just spontaneously relate to a couple of

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issues about writing on this issue. In fact, why am I doing my PhD working on this search? at Indiana University, I'm not hiding any secret that was I think 1968 69, something like that. They're about

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even while working on the visitation.

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Last time, Allah guided me to write a small booklet about 20 pages, it's called the status of women in Islam. While

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far less in terms of coverage and depth than the gender equity,

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competitive live course,

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it gained a great deal of popularity in North America and even other places in the world that be printed so many times, just because it touched with the topic, hopefully and authenticated, documented way. What I mean by that, and that I hope applies to the gender equity and others

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is to depart from the methodology that some people keep using that when you ask them. What does Islam say about this or that, by quoting simply scholars, we respect the scholars and because their work has been very helpful, I've read a lot, but what occurred to me that we should start the right way. And I tried to follow that methodology consistently, by the grace of Allah.

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This elite opinions of scholars benefit from them.

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But always the priority comes to the fairest and most important source of Islam, the Quran,

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as the ultimate criterion, the verbatim word of Allah.

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Secondly, the Sunnah, or how they sometimes we use interchangeably, without getting into the face of technical meanings of what, which actually refers to the words, actions, and approvals of the Prophet sallallahu Sallam in the matters that pertaining to faith.

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That is the second one. And then once we formulate a firm understanding of the two primary sources of Islam, then I used to read as much as I can. But I think of writing by the time the lead was quite selective to some degree also, by reading, not wasting my time in people who are not

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that knowledgeable, people that are credible and has been accepted when you are in the scholarly community, some of them internationally Even

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then, that's a very important thing, because like one brother is asking you some people read a lot about Islam, but they have problem with this. And that isn't what you can read a lot. But from the wrong sources. Our time is short.

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While the duties are a lot, so I read sometimes some of the work that's not as authentic just in case it's needed to make rebuttal. But I tried to focus on credible sources, widely accepted in the scholarly community.

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But then, I felt also duty bound. It began maybe with issues of women but it applies to issues of violence to issue of Apostasy and so on, is to distinguish between Muslim culture and authentic teachings of Islam. Some of the brothers and sisters right here might have heard me several times this visit the kid that there are many understanding

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Muslim cultural practices. But unfortunately, people equate these practices. Well, I'm not saying cultural practices in Muslim countries are all wrong. It's categories. There are some

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cultural practices that are based on Islam. So if you manage Muslim culture with Islamic culture, like generosity, like respect of the elderly and all the rest, that's fine. But there is a category of culture, which is not really required. It's not based on a definitive text of the Quran. But it is not bad either. There's nothing wrong, it's neutral.

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Like if some countries like to eat plough, Palau, that's fine. If an Egyptian wants to eat Malaviya rice pudding, that's fine so long as it's halen these are not binding Islam is all embrace it, and not released, relieved by Allah only to Arabs. small parts of the world are a small minority among Muslims, between 15 to 20% at most. In Britain, Islam embraces old cultures, not try to force people in one particular culture practice so long as it's something of optional. Like food with Huck berry Ricard fine. No problem. But you don't say it's Islamic because my people in my Muslim country it was burning. You know, I went one time to a restaurant, a Somali restaurant in Toronto. And they had

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the grading they say hot, very hot burning or something like that. And suicide that

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okay, if we want to find with you suicide, I have preferred This is my point. This we should not say Professor slamming. And this has implications. Sometimes people will accept this then the first question to tell them Oh, now we should take Muslim men maybe tech minded. What What is that Muslim name? within the for Android? Have you say that you must change your name when you accept Islam? The Companion of the Prophet peace be upon him. Many of them are good worshipers before he did not ask them to change the name except if the name is offensive to the belief of the Muslim like I am the slave servant of such and such I agree. In that case, yes. Ask them to change it. Or if the name is

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bad, because the professor Salam recommended that people should choose for the children beautiful and good names. But even if he missed that, and become an adult, he asked people to change by way of the position suggested to them. For example, a woman came to him. He asked, What's your name? Just say Basia, which means

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no, change it to Jabara, which means Beautiful, beautiful names, a man comes to him, what's your name, and it's a song with the

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signal, change it to sound easy. So the bitrate but other than that, people are not obligated to change the name for that matter. So this is just an example of what some people think it is a static, you've got to.

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Okay.

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The other thing that

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drove my humble,

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little contributions in terms of writing or lecture, is also to look very closely at the interpretations of scholars in areas that are not that definitive.

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And instead of saying, No, I'm following in one particular school of jurisprudence, I was open to that. And maybe one of the factors that helped me is that in reading about jurisprudence, I use a famous

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volumes, multi volumes actually recommended by sacred saga, which has now been translated into English. Because he,

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unlike many other sources of jurisprudence, that photo one particular school observes with a seamless, open competitive jurisprudence, you might say, and he gives the various opinions by credible demands that have been acceptable. And sometimes he weighs the evidence of one or the other and is inclined to one because of the strength of evidence or whatever, the number of consumers so that's what I also say. People ask me, what's your matter? I said, it's not. It's not a magic pill after the Prophet sallallahu says great scholars tried their best to explain but they never claimed infallibility for themselves. So that was helpful also, to be more open rather than elite only with

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the spectacle, I have to find only what suits any particular conviction. A third aspect

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Maybe that's one of the blessings of having studied management as a basic career. Even though, in the last

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four years, maybe almost 20 years or so,

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after I took purely management, I started gradually teach in Islamic Studies based on the requests made by the university, maybe based on some of the writings and so on, which was rather unusual for somebody with a PhD in management and Islamic Studies. They started gradually by one course, it has tremendous response from the students, Muslims and others. Half of my classes are Muslim as roughly most of them, people from other faith communities. So it began with one course became two. And finally a third, of course, on some basic courses on Islam. So that was even before retirement after retirement.

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There was no need for me also to teach part time I said, management that's enough for management with me devoted only for this standard courses. So in under average, I teach one course, per semester. This semester, I'm teaching a course about Docker, and last semester, it was introduction to stem a broad survey course, in the next year, if I live long enough, maybe there's another course about the life of Prophet Muhammad SAW so much was taught in some previous years. So this is how it relates. But the point here is that learning, management and teaching management was very helpful also, because it helps with your analytical skills

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to always be critical of what you're reading.

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To look for possible options like in decision making, you have to consider a variety of options, analyze the pros and cons, that wasn't too bad that it was really quite helpful. And say that, remember that the Prophet peace upon him said that wisdom or good knowledge is the last property of the believer, wherever he or she finds it, he is most worthy of it. So I said, why not use that also. So that some people noted that in the writing, as an academic also, and have gone through graduate school and writing papers, and so on.

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The issue of documentation, not just sit, I heard, just kind of give say, I know, it took me a lot of time, especially especially for hobbies, it's much more difficult than the parameters, but you have limited size and this concordance, which is much harder and heavy. So I tried to get to as much documentation from original sources as possible. So that's where again, we should not have that line that Islamic Studies is different from any other field, that there is basic theory of knowledge in general basic, proper methodology, which I tried to pay attention to the methodology of interpretation. So this, I didn't intend to tell you all bad things. And I only say that not by way

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of in the boasting, but perhaps, for younger generation, Mashallah, who are better equipped, even when myself with critical thinking analytical skills, don't hesitate to use it also in Islamic Studies. Of course, they have the faith background, that's fine. But they're not contradicted. And the more I study, then the more I tried to be analytical, the more my faith in STEM has increased, because I didn't accept or take things blindly. But good reason. I didn't care if I practice, whether that is backed by liberals or conservatives or others.

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He said,

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it was a blessing that I didn't depend on my liberty for being

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clergy that might be fired. This is the wrong word. And even teaching Islamic Studies in the university, they are the ones who came after me. And they gave me full freedom to develop the courses, even the way I see fit, somehow, maybe exaggerating and thinking that competitive means one university is somewhat of a knowledgeable person about Islam. So it is only because of the lack of better people in that area. But somehow, so I didn't care. I was dependent. I prefer to have my own career not to live our standard knowledge or speaking about or shading the teachings of Islam this way, and so that I can do that.

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Thank Allah subhanaw taala for it, because some of the things that you may find in the gender equity or in a paper on Muslim non Muslim relations

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And the verses in the Quran that has been misunderstood to condone

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violence against non Muslims, or the very sensitive issue of Apostasy even. And its punishment and all of this. Some, actually, we're not really convention and among many people, but the more I researched, the more I found that they have been even that my sense of it as a Muslim

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attached in terms of following this or that

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turns out to be actually not a new thing that some other scholars in the past not the majority, and I don't care about majority minority, some minority scholars, far better knowledge of it than I, classical scholar, more contemporary, have already given that idea back in apostasy. If you read for example, Rasheed rivers and others, you find that they have a different view from those who say, Oh, you leave Islam, you're

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excluded. And inshallah I hope you can get that article. It's, it's founded in many

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sites, one, one of which is

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the site of the Council of North America.

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There are many other sites Even if you say apostasy in Google or something you might be able to, to find it.

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So that's a notion that I wanted to be honest with myself with a lot with people have tried to polish Islam to make it appealing to others. But to say that it happened that they have done that both Muslim leaders and audience in a lot of people of other faith communities have a very positive response, my students would like to say, our half and half mostly from various backgrounds. And with my liberal approach asked any question I even myself raise difficult and controversial question I said, We don't

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seem to have accepted that particular approach.

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And after all of that, I'm not consider myself as a scholar, and far far away from the position of Mufti who should be not only a scholar, but so far scholar, and I'm only a small student of standard knowledge. But I am encouraged by the commands in the Quran, and the teachings of the Prophet sallallahu Sallam that even if you can convey one word, one word, or

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passage, share it. So I said, All right, I know I'm ignorant of a lot of things. But the little thing that are valid and authentic, why not share it? And again, I look to insist on anything, if an evidence proves that I was wrong in that interpretation, I'm open to that. But that haven't been that case, they found that things are backed by many word non sometimes international scholars. So that I hope is reflected in the agenda equity, some of you who read it, you notice in the very beginning, I emphasized methodology, methodology, cultured versus to Islam, based on the Quran and Sunnah. That interpretation of scholars are not final.

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There are different and you have every right to choose a better opinion that suits our time. So that has been perhaps a force in shaping the approach not only for gender equity, but other writings. It might have not succeeded fully but at least I'm thankful to Allah subhanaw taala to help guide with this hungered work. May Allah accept from all of us embrace your Santa Monica.

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All right. So I guess we are allowed to ask a few questions. Based on your background. My question about related to gender equity was, since you are a Professor of Management as well, I wanted to get your insights on

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woman leadership and Islam. And like specifically, you know, strategic management, and I just finished my MBA program and it was fabulous. I love the business management aspect to it. But I often get conflicted when I talk about, you know, leadership of women in our religious or even non Muslim circles because a lot of times people think that if a woman is leading them, somehow that's not going to be successful and somehow that's not allowed in Islam. So I want you to comment on the woman leadership perspective. Okay, shall I do that briefly, because actually, one section in the book is specifically about women leadership. Again, following the proper message.

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Not cultures, not opinions of this event, classical or otherwise, we go back to the Koran. And you find no evidence whatsoever disqualify a woman from leadership. And those who know management also leadership is not the title it is not a particular position. real leadership is acceptance by people and the ability to influence them to do the right thing, at least sincerely as you believe in. With this broad concept of leadership, especially those charismatic leadership, that is leadership based on knowledge of competence and so on. There is absolutely nothing that they see in the text of the Quran, that excludes women from leadership. There is one area that has been misunderstood.

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When the Quran speaks about men being responsible for the maintenance of women, meaning in the context of the family, for example, that the husband is fully responsible for providing for the family, even if his wife is richer than he is. That's his obligation.

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And they took the word Kawamoto. Here as meaning superior, there is no superiority over one over the other in the Quran. The contrary is mentioned in the Quran, that in a Croma commando like chapter 14, verse 15, that the most honored review in the sight of Allah, the One who is most righteous, and righteous could be buried could be black, white, young, old, rich for the criteria is very objective, because Allah is neither male nor female. It doesn't fall in the categories of our human thinking for that matter. So as far as the Quran is concerned, there is no evidence as such,

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you go to hobbies, and hobbies, of course, involves also the actions of the prophets on the line,

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we find that he never said anything about women being disqualified from leadership, except one, meeting the craves.

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But some people in the West we have to explain to them what is wrong with this, there are some female,

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you know, rabbis, among some more liberal strains of Judaism and also the same in Christianity. Why? Why, you know, the prophet is this, it doesn't say he didn't allow that happened at the time of the Prophet and hadn't been part of all if you would have asked the woman to establish the point. But why? Again, we have to be very careful in communicating with others not to compare apples with oranges. If you look at the function of a clergy, for example, in Christianity, what kind of function they do. One is to counsel people, personal counseling, family comes in. There is no text that I know of in the Quran, or Hadith or even the action of our shadow away from the prophet who

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counseled people for their problems. There is no harm. No foul ambition is standing on a solid ground. What the clergy does also give talks

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to people I'm not aware of any thing that prohibits women, lecturing, or teaching men are a shadow away from the Prophet was a teacher of teachers, to the point that will ever muscle as highly one of the greatest scholars of Islam in the early times, says that when we not the public, we the scholars have a disputation about difficult legal issue. We used to go to Asia, the widow of the Prophet sallallahu Sallam after him. And we always found that she's knowledgeable. So there's no bar.

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Okay. Brilliant in terms of diet. Again, there is no because prayers sometimes meaning diet, just to supplicate. And I would be very comfortable if a system after we finished, you know, make the app and leave us draft unless the only thing really the only different thing that the western people are used to is the nature of ritual prayer. because it involves physical touch. Rose men and women in favor of the women I don't miss a lot. Why? Because when you stand in the face and lose, toe to toe, or heel to heel, and shoulder to shoulder. Furthermore, it involves lots of bad women bowing and frustration. You bow down. You go hands and knees and forehead on the ground. And imagine men and

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women mixed up and somebody tried to concentrate on the prayer with the beautiful women in front of him. Getting hands, minis and

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background. Let's be reasonable.

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sickness in this thing. Humans are humans. The diversion of attention in prayer is very easy when you pray by the beautiful woman next you can keep your mind always

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devotion. And the same for women also might be different degrees.

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And what's the purpose of this physical prayer, it is the ultimate act of devotion to Allah subhanaw taala. And you need to you need to put your mind fully before you are created. So that is a good reason. Indeed, there have been also some scholars who did not see something wrong, even if it was indeed a dictionary of some messages. It's not it hasn't caught up yet, of having some partition. And in on one side, you have men and other side you have women. So again, there is no if there is some sort of partition or curtain, the attention will will, will, will not really be taken.

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But aside even from any such type of arrangement,

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still, like I say, it's the issue of devotion to Allah, whatever achieved that in a given setting, it is something not to dismiss it off. And, and indeed, actually, I can find some precedent to that, in the calibre, the holy shrines in Makkah, Grand Mosque, it is impossible because of the crowds to have women totally separate, or in the back, because it's usually can get lost to serve us now. So what I see there are islands,

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that some places are located to women. And you know, of course, the Saudi society is quite conservative, but this I agree with, because they have like, instead of having partitions, they have like

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bookcases with copies in the front. So that women would have their privacy also in devotion, but it is not that they are always in the back, they are in different locations sometimes might be in the front area or middle or back area. But when they do set from ambulation, around the Kaaba, it is also impossible that total separation with the huge number of people there. So people try their best that some women would be going together, but sometimes the men from their team or group would be like having a court vote around them. So that to protect them from the pushing and shoving that is there sometimes. So the army, and this happens in the Grand Mosque, even.

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So, this is the nature of the prayer and why it is better for the benefit of home. But if you have a lecture or something of that nature, there is no harm of having a setting, like, like this one, but then coming to finish the leadership issue. And why Salah or prayer, that literal, physical touch type of prayer, I think most reasonable people, even if they're not Muslim, will appreciate that for the sake of devotion and concentration in your prayer, you're standing in the hands of between the hands of Allah communing with him. So, you need to remove any possible thought if somebody can control the same way maybe the other two dudes, so, it is better for all both male and female for

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that, but then the other issue and leadership

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that some people refer to some Hadith of the Prophet sallallahu is and then one of which is the most famous one, that when he heard that the Persians chose a woman to be their

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Empress or leader. He said people in that context interpreted he referring to the the Persian Empire,

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then you will not succeed those guys who chose a woman to be the leader, some people interpreted that literally and said that's sort of generalization, but if a woman is a leader as the question say then these people

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will not succeed. Okay. Other said that since the context is of the person choosing a woman to be the leader, some had some people have an middle ground kind of interpretation, they say, No, it is not because of being male or female. But since in most traditional societies and even some societies today, men are the ones who are really looking after the maintenance of the family, many societies,

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especially poor societies, so there is some kind of division of work or road differentiation. So they have to be the ones who that Allah is bestowed upon masses, especially in poorer countries where you earned it by you know, working hard. So it is in that sense, they looked after everything and they had a lot more exposure to society. So they have skills, more so than the typical community that staying at home and spending so many hours to cook with them with any microwave or any peeling all kinds of vegetables and all of this. So so so

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interpreted this way that a society where men who are responsible for the external and moreso functions of society are not coming forward. They don't have even a single, qualified man to lead. So they have to go to women who have many other functions, especially in the entertainment aspect of family and charitable work in society, that these people are this men are hopeless, okay for that not that woman is not they are hopeless as a society. However, it is also another interpretation I'm not judging now will tell you which one is client, your brother, and it's written by a scholar from Syria, I think I quoted him also,

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he said that this habit also may be interpreted as a prophecy which was fulfilled

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that about the destiny of the brand, person or sustain an empire. Because, you know, there were two superpowers. Both were relic and at the time of the prophet of course, and before him, both would indicate both were exploited by other people we know in history, the Byzantium and the Persian Empire. And they kept fighting one another for domination of other people and so on, sometimes this one of those.

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So, being one of the theoretical and speaking about

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tyrannical rulers in production,

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and when he said that, that people would meaning the people who choose a woman, the leader, ie, the person and plan will collapse soon and indeed it did collapse afterwards. So, there are a variety of ways of interpreting this, but nothing to do with the qualification of women. I think I did mention also one of the scholars who wrote what we call today political scientists on and he said that some of the classical some not all authors, who spoke about the qualifications required a Muslim ruler or head of state, and one of them did not mention as normally they used to say,

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that would be me, that might might reflect the fact that he is not certain that there is a definitive grounds upon which say that Muslim woman could not be eroded And finally, even a person a scholar, famous for that, no, no, no do different Pakistan is known word over of his deep understanding, but he was known also many conservative and twinset have is not a negative tenor, many conservative and strict views, for example, is about covering the face was made rebutted very strongly by a great seller is called a

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chef massive demon Ambani so had very strict views Even then, with his

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tendency towards tradition and strict use. When he came to the issue of women being better than dictator men. He was very clear in his position. In Pakistan, there was

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an election going on

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for a church for choosing the president. And the stronger candidates I think, was a new clan, an army general advocate might say, running opposing a poster him who is not the father,

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who is the system, the great founder effects then Muhammad Allah is in a very well known also as well.

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Now do the the conservative supported they can be the sea of Fatima Jinnah, a woman against a man.

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And these opinion, by the way, is not very strange for anyone who understand the rules of interpretation and the Islamic legal theory that always you weigh the harms and benefits now, which is hard, more harmful to the people of Pakistan to have perpetuation of dictatorship and having a military ruler, or to have a woman even if there is no man able to stand up, courageously challenge and he supported fundamental. Regardless of the results of election, it is based on our reports on Sharia weighing the 100 benefit if something is not forbidden, exclusively, so I apologize for giving you more or less like

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total picture on this but it is sensitive, it is important, challenging. My apologies for those who read the book. We even heard and heard that again.

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We know that we say that

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and had a type of thing because usually the men in the family supporting

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and in this era at least, we see most women they work hard they financially support the families either fully or partly

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More than 60% of the women around the world they are responsible about themselves and mostly about their families as well.

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With that, the brother is not obligated to spend money on his sister when she's made, even if she's poor or, and less economic situation than him. And with all of this, in, like we say the exam is, is appropriate for every era if we can, but we at this time we see the next pair, that woman works hard. And she's the she's the mother, she has also to be a woman as you know, pregnant and get the birth of a child and with that work outside to gain her financial benefit and inherit less than her brother who doesn't have all of these applications. Okay, first of all, when we say that in a given situation that the situation is reversed, that applies even to men. And why should a doctor was

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making tons of money

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inherited also like his brother who sport you see when you apply,

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between genders apply also to the same gender, why a woman who's rich and professional, get as much as have sister who might even have handicaps, and even more deserving of this, but

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as well as the rationale of variations. Again, I refer you to the book, I think I don't want to repeat everything in the book here again, that women are more favored.

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Economically speaking over men, if you take the furthest picture, that she's the one who receives the marathon gift, she's not even if she's richer than her husband, she's not required to spend a penny. So whatever it inherits, she can invest and increase whereas her brother will pay marathon gift to another woman support a full salary survey, a number of rationales. So this is a fairly simple, but I'd like to mention something that is not mentioned in that book, and I hope inshallah, in some future edition you'd like to do

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is something that I was brought to my attention by a good friend and brother, and a great scholar, who, unlike me, he is a specialist actually graduate in Islamic Studies, Dr. salata has been. And basically he challenged the notion that there is a rule in the Quran, that a male male inherits twice as much as the female. And I was aware of this ad, but I think I had brought it to my attention. Number one, there are cases, when you talk about male female, if it's a matter of gender, not some other consideration, if so, matter of gender. There are cases in the Quran itself, when it deals with the law of inheritance where a woman inherits more than a male, because one of the

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consideration also an inheritance is the degree of closest to the deceit, so he can't documented from the Quran cases where a woman

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inherits more than the male members, even though because family members Secondly, there are cases where women inherit and males do not inherit. For example, if a man has children, including many descendants, and he has brothers and sisters, the brothers will not inherit because he has made this simple. So there are so in that case, which may or may not have any title, why a woman doesn't get it, because of the other consideration. Then there are cases where they inherit that they say exactly the same, they mentioned that Yeah, there are cases where they inherit exactly the same like grant like for example, parents under certain ruling and situation six liquidity, what is the word

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liquidity, what will be my service and for his parents, one six. So, here is the mother and the father, that technical checks are made and remit are exactly the same. But then there is only

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few cases where the men inherit twice as much as the female and the rationale is articulated in the book, conclusion

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make a long story of that conclusion that bottom line, it is a myth to say that the the general rule of inheritance that the the female inherit African, in myth, there is variety of situations depending on a number of restoration, not gender, in itself. One consideration, like I said earlier, how gross is the middle of the deceit? A second one

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is the financial responsibility that needs to be balanced. If the

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Especially even today, not all women in the world are professionals or lawyers, and all of that still exists, the financial burden makes a huge difference in situations like this. Thirdly,

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we're going to say

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that Yeah, the other factor, of course, like I said, is this

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responsibilities attached to the role of both male and female, so it is not gender. And it said, gender might be in direct, because a female is not required to spend on the household gifts.

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But now dealing with a situation like this, it's a good question and tough question. Because if it makes you

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prick, your mind, your brains

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there are ways in Chiapas and I think that the question answer with the US, I alluded to that as well, that should accommodate even deviations or cases that do not meet that typical

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share, or typical obligation.

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I'm not going to repeat what I said about for example, the case of

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but was it a male and female? Where there's some exceptions made?

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anyway?

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Anyone who doesn't remember? Oh, yeah. The question of

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one say, yeah,

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to make, for example, a will.

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And that you could use

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can the father if he has just two children, two daughters. Anyway, we know that the way that he cannot wait for his daughter? Yeah. But can he provide the money for his daughter that it goes to his brothers? Exactly, I was going to say that you see, as a rule.

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As the Prophet said, lower sia tell you where you can make a win for a person who is illegitimate.

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Because this way, you're going around the various shades that allowed the tendency that people don't dispute about that, I will say it anyway. And that could open the door to jealousy and fight between, between siblings, you know, he doesn't love me and he in his will, I take my shirt like everybody else, but it takes more, because we'll put that divert down. And this needs to be standard spread across generation. And that's why this thing has been specified, even though we're unnormal, because input into details of laws, but with the broad guidelines, at least one of the areas of exception. But other than when there's another aspect of it,

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a person, for example, knowing the suffering of his daughter, like he might have disease, or problems or whatever

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is entitled to give to her in his lifetime, provided that there is no intent of discrimination between children because that's a no no also,

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like I just say that a handicapped daughter, and his sons are already a doctor, an engineer, and this and that. So there's no intent here of discrimination, there is no

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passage or by violation of the laws of inheritance. But in the meantime, it is not hard to get if your intention is pure. And I know some people do that. Or to have a trust, for example, can put money in trust, to be invested, so that it helped your daughter help you or your son or daughter's children in the university education, so long as it doesn't violate. So these are some of the meanings of meetings. And furthermore, I tell you something else. Islamic law is not just those, the moral and spiritual aspects of it really counts. And they tell you something that happened, not following within my family and speaking out with my own siblings,

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but some of us and hamdulillah they made it that way. When the father

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died,

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those were in good times and Manchester. They said, We we don't want anything Alhamdulillah we have enough take our shit and split it among our systems.

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I'm not talking about something in the past.

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Talk about a living person in front of you, who was one of those I stopped provided to him by that.

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But his brothers took the same position.

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So it's not the same girl. Okay, you know if the law says this is also the compassion and further you

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You said about supporting the system, not supporting the system because she's already married? Yes, so long as she's married, because the husband Ben is strong, another mate in the husband is responsible. But what happened if she had divorced or widowed?

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What happened to a parents, even before they get the shade, if they are poor and in great need. Muslim jurists are of the opinion in general, that the obligation of men is not only within his nuclear family, nucleus family, the word nucleus is dangerous now, anyway, but obligation toward meal relatives also, how can someone with poor parents who spend their blood and sweat today's him and he's made it and you see his parents living in poverty like this. So they say in cases like this,

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whether it was divorce or sister,

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actually,

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the marriage errs, have a brother the closest, the closest and then the closest,

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are obligated to support them. So the female enlisted men pursue their career, no problem at all.

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But they can never be forced to work. Again, is that when there is always entitlement of support within the family, if not the state? If you want to take a career, of course, there's no prohibition.

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That makes sense.

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I think the audience,

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Lady thing the judge, all right, kinda lady, be a judge. You know what most people will do. They go back to the opinions of many respected jurist who gave an opinion that is influenced humanly, by the tradition and societies were invaded. I'm not saying best attempt, I don't at least influenced in their legged vision. And that's human, even in secondary in countries or societies. people when they make laws that are affected by many factors, recent events, even that took place, or the norm in their particular society, but to say that that norm is universal for all time and place to come. That is the question. Now,

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when in the Quran, does it say that a woman cannot serve as a judge?

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This, if I'm mistaken,

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where in the Hadith of the Prophet sallallahu Sallam it says categorically, a woman does not qualify to be a judge,

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to my humble knowledge.

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So what Judas says, and the rationale they gave, is their opinion that we respect. But it is not for all times and police to come. It's not for us, it is not.

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Okay.

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Of course, they say, first of all, and that sounds strange to a woman is emotional.

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And how could we judge if there is a crime and the evidence that gruesome pictures are today that you have the murder and so on and the blood and somebody who is a murderer, but she started crying and pretending in her heart, to my opinion quite well, the fact that women might have a stronger emotions, that's a positive thing, which is most suited for her to function as a mother as a surrogate for the family. There's no I don't dispute that. But to look at that as disqualify it in itself, is quite questionable. There are some men who may be much more emotional even

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than than women. And there are women Mashallah, depending on their upbringing, and their personality could be stronger than men also in their positions and ability to do it. And we know there are many female, excellent female judges. So what's the rationale? Well, maybe that was the case in some societies, where women's role was not much extraneous as it is within the family.

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Okay, so that's not a really good argument. And the same argument they make also about being a head of state by the way, the same they say women go through their cycles and so on that they might be irritable and all of this alright, suppose the woman is already been a force.

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What is the problem?

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Suppose she's not all but she has responsibilities to her husband or children or the children that have grown up or and the husband's estate.

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This is a human interaction.

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dictation human attempt at rationalizing what the person is convinced of and is that on

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his society. Furthermore, something that is akin to judgment is what testimony.

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This one, because that's the other side of being attentive,

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as the testimony of women alone, alone, is accepted

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in feminine aspects like, you know, to give testimony that she breastfed these two people so that they cannot get married to one another. You don't need any testimony of man.

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As far as the to what to witness, woman witness, you find it in the book already. That's not an absolute truth. Women witness alone may be enough to practice or to begin the practice of the fourth pillar of the five pillars of STEM fasting. Many scholars would say if a woman report that she's credited with woman knowledge about what's the same bias, like anyone else, supposedly, and she reported that she saw the new person, the judge could accept her testimony, and people begin the first thing of the month over on the misconceptions have been discussed in some more detail in the book, shall we say? So being a witness is the opposite of being a judge for that matter? Again, my

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guideline is, if there is something definitive in the Quran or Hadith, I'd accept it and say, Amen. So no, Aparna Wilson, an OB O Allah, if it's a matter of HD head,

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then we study and those who make the interpretation, no matter how pious or knowledgeable that are, you can never equate the network or opinion with Allah.

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just

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leaving tonight,

00:51:57--> 00:52:07

so Canada, he needs to live here, but in 10 minutes, so we're gonna get five minutes. For two sisters, just two questions. And if you can believe the depth,

00:52:09--> 00:52:19

and another 510 minutes, we'll be signing his book. So please make sure you buy his book if you don't have it. And he would love to graphics, if you want to take a photo to cost you more money.

00:52:21--> 00:52:23

So books are in the back of the cache.

00:52:25--> 00:52:26

Other question?

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If a man died, and he has his children, as orphans, who is the

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Did you have a question? What should be the

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mood find lots of Judas who might say, you know, a woman cannot be a garden. But that's the same argument cannot be a leader and cannot do this or that.

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If the question of guardianship

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is predicated in the first place, in the on the interest of the origin, as the other, if indeed the mother and I expect her to be would be the best to observe the children that she loves so dearly. I don't see any evidence again in the primary sources that said she cannot act. Let Judy say we respect that opinion. But again, it is not backward. It is not heavy. And that statement is not only to please anyone, it is profound. And it is based on broader rulers of the rules of interpretation, Islam or Islamic legal theory.

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If that

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would be the most qualified and best to protect, let it be, but there is no knowledge that they have of any particular reason, gender line, whatever is beneficial.

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We know that voice of divorce is my most dangerous thing that a lot has to

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do with divorce.

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should be taken care of by these 90 days.

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Suppose she had been working in she doesn't have money after that. What did she do?

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Yeah, his question basically, that he said, Would you agree that divorce,

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dissolution of the family is the most requested or hated act but still a lot louder, for obviously than the among many cases.

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It doesn't make any sense for for speaker to be stuck with one another fighting day in and day out. So this question here that the woman is supposed to be supported for 90 days, right? And what was the last part of your question? who supports her after that or whatever? All right. First of all, if the revoke the divorce is revoked,

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then even though the person after the divorce, it does not become effective until the so called waiting period. In most cases, you're right, it's about 90 days. But actually, it's not predicated exactly on 90 days since a divorce because it's connected with the menstrual cycle. There are some conditions attached to that. But let's say let's say roughly, three, roughly three months.

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But that's not all. That applies to a woman who's not pregnant. If a woman is pregnant, and the person divorced, her, divorce does not become effective until the she gives birth to the child, which means that the responsibility of the husband to support her fully housing and everything continues, maybe potentially for nearly nine months. And maybe there might be divine wisdom for that. Also, you know, not only is it a cooling off period, like the case of waiting three months before divorce become effective. But maybe the birth of the child might somehow bring their hearts together in the differences, so it could go and but my basic point, not only 19 could go as far as

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nearly six and nine months.

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After that, if the baby is born, the husband has to pay her for suddenly her own baby

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doesn't have to support the celebrate, but to pay her for what is required to second on date, which is amazing. Amazing in itself. Okay, we should take care of her. beyond that. Well, the traditional practice has been to say all right, Dr. Ahn said that this is what she's entitled to the masaka support for three months and suckling until the baby, you know, is is when

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but then Egyptian courts and that's also something that was of Sharia court. So it's not somebody who say, forget about the Quran. This is more just, it has been a practice in Egypt with a so called anyone from music. Have you heard that said Metallica, Metallica, right? Were they, the courts could look into the case of a woman. Suppose all her life, she has been dependent on her husband, sacrificing to raise the children and look after the household and all of this. And then after this long life, just say support her for three months, a woman might have sacrificed her career as a profession. I know sr, auto, medical medical doctors, and she consulted me. She said, I got

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children, I in medicine, require lots of time and devotion. And my children. I said, whatever you feel like it, but if I were in your situation, My children are more important. And she did. And she never regretted that. And they had wonderful, a wonderful parents, I think but she might know the person anyway.

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So in that sense,

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the court considered the case cases like this, where a woman is now our executive pacemaker here, I'm not employable now or whatever.

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So they imposed with Integra also not that it's specified in this, but within the spirit of Sharia. They consider that the husband to be responsible actually, to provide for her as well. If she gets married, maybe that's different. So the responsibility shifts to her husband for that matter. And I believe that this is an issue that the factor or juries juridical counsel should look at it more and make more qualified.

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I have a follow up question to that. Like I recently handled the case where the couple was

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married for like 25 years. My wife obviously stayed at home to children and now the kids were in college and, and so then, and he was obviously very well off and everything but he got a divorce, they got married and bought the plan, but the Texas court

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gave her the money. I was like $100 or something and then they just basically and he had a very good attorney. So and then she was basically left with nothing and then she, you know, overnight, you see became homeless and she was able to get very limited. So I wanted to find out like what

01:00:00--> 01:00:22

What is this? Does it really does a summary say that you're only entitled The woman is only entitled to the matter and that no matter how long the marriage has been giving the physician, Egyptian say, of course, the entitlement for support during the waiting period is the minimum, not the maximum, there is no evidence that that's all. Because in the Quran also

01:00:24--> 01:00:34

speaks about the one years of support. Some scholars interpret that as an option and good characters to go at least for one year.

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That taquito when we're using in our effort, learning and, you know, effort, so, but others said that, that could be actually compulsory in one sense, I mean, it's not compulsory, because it's taken. But the rule of justice, which is a value that is overarching for any legal interpretation, may necessitate that, such cannot be thrown in the street like that. Of course, if there is a rich brother who can look after her, that's fine. And please take a look after that, because she cannot face that situation. But her situation in the way you described, and also many practical cases in North America, I heard that the person comes to this country, his wife supports him

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work even while helping with the his tuition fees, and now he becomes a big shot. And bye, bye, thank you, for your kindness.

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That's the other case is typically with some of the people from Syria, Lebanon, so they're very good in trade and so on. And some of them came to this country, they Oh, he opens a restaurant. And his wife is working from sun, the sun up to sundown and working very hard to support me.

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Now, can he say that I owe nothing to you, if she was a contributor, actually, to the world that is acquired as a restaurant owner.

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That's why I recommend to people that if they are in that situation, to protect themselves, make inside a sort of contract that already I deserve x percentage of this or even as an employee even further.

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But given our situation, we're building our life. I'm not demanding that now. But should the goods take place I will demand my rights, either a raise of all wages in 25, something 30 years

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old, to make a contract that she should be entitled in case of divorce to a fair share whatever they agree to have the values or assets that she contributed in making it but like I said, again, the our key overarching principle here is justice and humanity, especially recognition of the faithfulness and contribution of both sides and not say on the

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one side, both of them are obligated to observe. But women sometimes are more vulnerable. She's got small kids she can find to work. So she should be kept

Gender Equity in Islam
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