Should there be equality in all rulings, given the differences in physique and competence, it would be a reversal of Fitrah (natural disposition), and injustice against both the authoritative sex (men) and the other one (women) if not the entire life of human society, for in this case, it would result in deprivation of the fruits obtained from the capacity of being authoritative and, at the same time, the members of the other sex would be obliged to do what is beyond their capacity. Allaah The Almighty forbids that such injustice, even as much as the weight of a mustard seed, should happen in the Sharee‘ah of Allaah, who is the Wisest of judges. This is why these fine rulings ensure that the woman is provided for while she practices motherhood, maintains her house, and raises the future generations of the Ummah (Muslim nation).
May Allaah have mercy upon the prominent scholar, Mahmood Muhammad Shaakir, who commented on the previously-mentioned statement of At-Tabari, may Allaah have mercy upon him, saying,
This is merely a type of false wishing and longing which the people of this age are contentiously involved in and misunderstand, and the only way to be saved from it is to have a sincere intention, a correct understanding of the nature of humankind, as well as to separate baseless false wishes from necessity, and to release oneself from the bond of blind imitation of the prevailing nations and from the captivity of the corrupt society which has dragged the nations of today into great turmoil.
However, some of the people of our religion, may Allaah guide them and mend their affairs, have been led astray, while assuming the mode of reform, and have confused what might reform their corruption by means of endeavor, thought and wisdom, with what would corrupt them. People have become radically excessive, and the resentful advocates of falsehood among them who are in charge of the press today have increased. Thus, tongues have spoken confused words, minds have fallen into chaos, and many people have slipped along with those advocates, to the extent that we have come to see some seemingly learned people who are of those of religious knowledge, say about this issue words from which every religious person should disassociate himself.
There is a huge difference between the state in which the life of the Ummah, with its men and women, is correct and pure from evil, disfigurement and ignorance, and the state in which the Ummah eliminates all the barriers between men and women and thus reduces itself to no more than false wishes that bring about envy and transgression with no just cause. Let me repeat the words of Abu Ja‘far, may Allaah have mercy upon him, “O Allaah, guide us to the straight path at a time in which the tongue has betrayed the mind. Let those who oppose the command of Allaah, and reject His fate in them beware lest a calamity would befall them and obliterate their remaining traces on earth as it obliterated the traces of those who were before them.”
Thus, this principle confirms the physical, moral and Sharee‘ah-recognized distinctions between man and woman.
The forthcoming principles will be established on this first one, since they would discuss the distinctions between them concerning adornment and Hijaab.
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