Moreover, researchers have proved beyond all doubt, that a society based on the family system is the most natural and genuine of societies. Such a society is the outcome of the natural urge that both sexes feel towards each other. Any law contravening this natural order will therefore be inhuman, detrimental to society and repressive to the woman and the whole of mankind.
Another noteworthy point is that, the same as the woman2 by birth is more emotional than the man, the latter is physically and mentally stronger. It is this very difference between them that makes the evolution of human society and man possible. The wide research of physiologists and psychologists tells us that this superiority is an indisputable reality. History also, all through, has pointed to this truth.
So, certain tasks which accord with man’s physiological and mental structures, tasks like fighting which demands a lot of courage, should be reserved for him, whether they bring pleasure or pain. Indeed, this shall benefit mankind as a whole and be in accordance with the natural order.
The Woman in Islam
Before plunging into this discussion, we must mention a few points:
1- For a realistic understanding of the fund aments of Islam, a primary careful examination of the Quranic verses, the undistorted narrations of the Holy Prophet of Islam (S.A.W.) and the impeccable Imams (A.S.) and their life becomes imperative.
One must not analyse the dictates of Islam on the basis of the action of some Muslims at a certain time or place. For instance, if some Muslims abuse the woman’s rights, this injustice should not be attributed to Islam.
Likewise, it would be wrong to affirm that Islam has ignored the legitimate rights of the woman on hearing or observing that somewhere or at a certain period, the Muslims have been denying the woman her legitimate rights. When one observes Islamic tenets being negated in some Muslim lands, which prefer rather to copy Western cultures, one should not conclude that the governing laws agree with Islam, even if millions of Muslims do follow these Westernized ways.
Again, the distortions, carried so often to extremes and the wrong conceptions of the Westerners cannot be attributed to the religion of Jesus Christ (A.S.). We know that some Christian sects hold that the woman is not a full human being and that she is a link between animals and mankind or that her soul (excepting that of Virgin Mary) is not eternal, eternal salvation being the prerogative of man alone. These far-fetched conceptions cannot be attributed to Christ’s teachings. So also, it would be totally wrong to associate the reigning corruption and prostitution in the Western world with Christianity.
2- Civil and Penal Laws are framed while considering the average normal citizen of a society and exceptions have no room here. There are in fact very few constitutional articles which are based on exceptions. Thus, if there are exceptional cases which contravene existing laws, these laws cannot be called invalid. One cannot blame the legislator when such cases do crop up.
3- The religious laws and precepts, do not only preserve the order of society and safeguard its material interests, but also take stock of the spiritual and intellectual aspects. It would be wrong to imagine that Islamic injunctions bother themselves only with worldly interests.
In fact, how can one suppose that the Exalted Legislator-Almighty God, Who has given utmost importance to man’s eternal salvation and Who has, so splendidly exhibited the spirit of Tawhid (Divine Unity) and Divine worship in all the manifestations of life, has neglected the spiritual aspect, giving sole importance to what is material?
This however does not imply that in the sacred teachings and precepts of this perfect Divine religion, the material is totally absent. Indeed, how can one believe that God-the Almighty Legislator, Who has established such a perfect balance between body and soul to fulfil the goal of creation and has made of this world a farm where man sows the seeds of his eternal life and reaps the fruits in the here¬ after according to his deeds and beliefs in this world, could have neglected the material aspects in the religious teachings of this sacred religion.
We should be invariably mindful that God has created man in this earthly world so that he can attain perfection for which he has been ordained in the evolutionary course of his life. His earthly life is the foundation for his eternal life. His beliefs, ways and deeds in this world will directly determine his eternal life, a life of salvation or chastisement as the case may be.
Divine Legislation directs man, in the course of his life, to recognize the straight path in the light of Divine Guidance and instructions so that journeying on that divinely illuminated path he can reach the ideal destination. Man by instinct, like the animal fails to recognize and distinguish between good and evil. This explains his need for Divine Legislation as a discussion on prophecy would reveal.
Thus, man’s instincts do not help him to differentiate between right and wrong in this earthly world, affecting life in both the worlds. His intellect also fails to satisfy this purpose of creation.
The human brain, limited in its capacity, cannot fore¬ see all things which bring salvation, in particular, salvation in the next world-eternal life. Having not yet entered the next world, the human intellect fails to perceive the means, conditions and causes which bring prosperity and salvation in that world, or the obstacles on the way to eternal salvation.
Due to this, man often fails to distinguish between good and evil in the course of his life, preventing him from directing his actions in the way of eternal salvation. That is why he becomes in need of Divine revelation by the One Who has command over all lives, affairs and Who Knows the ins and outs of the apparatus of creation.
So, both Divine Creation and Divine Legislation have one goal. Each complements the other. It is obvious! that the Creator of man Who places him on the Divine Path in nature through guidance and instructions about Divine Creation and Legislation so that he may attain the ideal, does so for man’s progress and well-being. He is the One and Only, the All-Knowing and All-Seeing, whether it stands in relation to the material, the spiritual or the world after.
Is there anyone besides God, the One and Only, Who can be All-Knowing and All-Seeing and Who can frame regulations governing man’s life in such a comprehensive way which covers all aspects, whether material or spiritual?
Hence, we can state that Muhammad (S.A.W.), the Seal of all Prophets, was sent Divine Revelation which he communicated to mankind so that the latter through Divine Guidance, can attain an ideal state of perfection and well¬ being in both worlds and that this Revelation does not err in the least.
So, anyone who considers himself a Muslim and who believes Islamic injunctions to be defective and inadequate in meeting society’s needs, or that they are relevant only at a certain time or place, is either definitely ignorant of the fundaments of Islam, or lacks the intellect for its understanding.
4- With the conflicting opinions and thoughts ever since the beginning of man’s history and the continuous advance in some fields of knowledge, we know that the ideal, the highest stage of perfection has, till now, not yet been experienced by man. At no period of time, and in no places, has he been able to grasp all the mysteries and truths of creation.
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