http://www.arabnews.com/?page=5§ion=0&article=73868&d=28&m=11&y=2005
Monday, 28, November, 2005 (26, Shawwal, 1426) The Pilgrimage - 3: Responsibility for Women's Religious Duties Adil Salahi, Arab News In many Islamic communities where women are used to be looked after financially it is often assumed that a woman's husband is responsible for her pilgrimage. This assumption is even extended to other Islamic duties such as zakah and the sacrifice at the time of Eid Al-Adha. On the other hand some people suggest that a woman cannot use her husband's money to fulfill these duties. They claim that if she does, then the duties paid for by her husband are not valid. To such people, a woman must have her own resources or even use her dowry. In looking at these questions we need to differentiate between responsibility and acceptability. Islam makes each individual, men or women, responsible for their own religious duties. How could men and women be truly equal unless they have equal responsibility? If some of us were responsible for the performance of the religious duties of others, we could not be accountable to God in the same way. It is part of the equal status that Islam has accorded to women that it has made them responsible for the fulfillment of their own religious duties. A woman does not have to have her husband's permission in order to perform her religious duties. He, on the other hand, cannot tell her not to perform any such duty, unless he has a very valid reason for that. Even then, such a request by him may be made only within the narrowest of limits and it applies only to few duties. No husband may tell his wife, for example, not to fast in Ramadan unless she is fasting against the express medical advice of her doctor. Similarly, he may not tell her not to go on pilgrimage for her obligatory duty, unless there is a very good reason for that, such as the route being unsafe. As far as acceptability of a fulfilled religious duty is concerned, there is no rule to suggest that it is not permissible to accept help from others, if there is room for such help in the fulfillment of a particular duty. This applies particularly to pilgrimage, the fulfillment of which involves financial expenses and physical attention to duties. Take the example of a person working in Makkah who learns that a close friend back home is intending to come over for pilgrimage. He writes a letter inviting him to stay in his home during his pilgrimage. Would that friend's pilgrimage be less rewarded by God for the fact that he did not have to pay for his lodgings or his food during the pilgrimage? What if the host has also some facilities in Mina and Arafat that he makes available to his guests? If they accept his hospitality in both places, would their pilgrimage be any less valid? The answer to all such questions is a definite "No". The pilgrimage of anyone who receives help or hospitality is as complete as they make it through the proper attention to all pilgrimage rituals and recommended practices. The person who offers such help or hospitality will also have his reward for what he offers to pilgrims, enabling them to attend to their duties in comfort. If this is acceptable from a friend or a government department, why should it not be acceptable when a man pays for his wife's pilgrimage? A husband who has shared with his wife many moments of happiness and benefited by her support in times of adversity may wish to take her on this blessed journey. He may feel that he owes it to her to give her this chance of offering this great religious duty and earning God's forgiveness. Indeed, a man may not be very happy in his marriage but he still wishes to pay for his wife's pilgrimage, hoping for reward from God for so doing. Can we tell such a husband that his generosity is misplaced and that the woman's pilgrimage is not valid? Anyone who says so does not know what he is talking about. If a man pays for his wife's pilgrimage, he will be rewarded handsomely by God. Most certainly, her pilgrimage is valid. To suggest otherwise is to say that Muslims should not help each other in the fulfillment of their religious duties. That is certainly wrong and against God's express order: "Help one another to righteousness and pious duty." (5: 2) We should explain that anyone who accepts an invitation to offer the pilgrimage would have his obligatory pilgrimage fulfilled if he is performing the pilgrimage for the first time. He may not be called on to spend a single riyal on his pilgrimage, if the invitation covers his transport and hospitality, but his obligatory duty is deemed to have been fulfilled once he has completed his pilgrimage. However, he need not accept that invitation if he does not want to. There may be a reason for his declining the offer. If he does decline it, he will not be questioned by God on why he declined. If he does not meet the conditions of ability to do the pilgrimage himself, he will not be considered to have met those conditions when he has received the invitation. By the same token, a wife does not have to accept her husband's offer to take her on pilgrimage if she does not wish to do so. As for the sacrifice at the Eid by people who are not doing the pilgrimage, such sacrifice is not an obligation. It is a strongly recommended practice. Again, if a husband pays for such a sacrifice on behalf of his wife, that is perfectly acceptable. However, a man's sacrifice counts for himself and his family, if he intends it that way. The same applies to the payment of a woman's zakah. The duty applies to her personally if she owns what is liable to zakah in a quantity above the threshold of zakah. We need to remember here that a woman's personal jewelry is not subject to zakah. A woman's zakah duty is the same as that of a man, and both are subject to the same rules. She has to pay whatever zakah is due, at the time when it is due. If her husband offers to pay her zakah on her behalf, out of his own money, he is making her a gift. She may accept it if she so wishes. When anyone receives a gift, it becomes that person's own property. If it is used for the payment of zakah liability, this is well and good. Another question of a woman's pilgrimage that is often raised is that of company. Islam requires that a woman is well looked after when she travels. Hence, it makes a condition that she must travel with a mahram, i.e. her husband or a relative she cannot marry, such as her father, son, brother or nephew. Since the pilgrimage involves continuous movement, such company should be provided throughout the journey. Scholars also speak of "trusted or safe companionship" as an alternative. This is offered by joining a group of travelers who include a number of women, preferably relatives. However, if a woman travels by plane, train or ship that includes a large number of travelers, she is deemed to be safe until she reaches her destination. If she is received there by a mahram, she is deemed to have fulfilled the condition of proper travel. This is often the case these days as women may travel alone to visit their families at home, or to visit a husband or a son working in the Kingdom. If such travel is for the purpose of offering the pilgrimage, it is perfectly valid. [Non-text portions of this message have been removed] ------------------------ Yahoo! Groups Sponsor --------------------~--> Get fast access to your favorite Yahoo! Groups. 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