Muslim women in prison. Dr. Hassan Sheikh Hussein Osman

Transcription

1 1 Muslim women in prison By Dr. Hassan Sheikh Hussein Osman

2 2 Besme Allaahe Al Rrahmaane Al Rraheeme - I - Mankind, male and female originates from one single soul Mankind, male and female, are descendandt from one single soul: Allah, Glory be to Him, the Most High, says in Aayah 13 of Sooratul Hujuraat (49:13): "O mankind. We created you from a single (pair) of a male and a female, and made you into Nations and tribes, that you may know each other (Not that ye may despise each other). Verily the most honored of you in the sight of ALLAH is (he who is) the most righteous of you. And ALLAH has full knowledge and is well acquainted (with all things). Men and women, since originating from the same father and mother, are equal in Islamic view, as it is not conceivable that the children of the same family might have a different status's, and that some might be higher placed than others. Allah, Subhaanahu wa Ta'aalaa, says in Sooratu al A'raaf (7:189): "It is He Who has created you from a single person (Adam), and (then) He has created from him his wife [Hawwaa (Eve)], in order that he might enjoy the pleasure of living with her." Allah, Glory be to Him the Most High, says in 30:21 of the Holy Quraan: "And among His signs is this: that He created for you mates from among yourselves, that you may dwell in tranquillity with them, and He has put love and mercy between you: verily in that are signs for those who reflect." Adam, our forefather was created from clay, whereas Eve, our grandmother was created from his own flesh: that is why man does not reject the love and the tenderness of a women, where he does so to the relation with another man. In the light of this, then, can one part of your own self (women) be valued other than the rest (man) of yourself? Allah, Glory be to Him the Most High, calls this creation His Sign, so highly placed. In Soorah Al Nahl (16:72), Allah, Subhaanahu wa Ta'aalaa, says: "And Allah has made for you Azwaj (wives) of your own kind, and has made for you, from your wives, sons and grandsons, and has bestowed on you provisions." The Messenger of Allah, Muhammad ben 'Abdu Allaahe ben 'Abdu Al Muttaleb bin Haashem, Sallaa Allaahu 'Alayhe Wasallam, said in the Farewell Pilgrimage, in the month of Thul Hajjah of the year 10 Hijrah (March 632), in his Farewell Sermon, among other things:

3 3 "You have rights over your wives and they have rights over you. You have the right that they should not defile your bed and that they should not behave with open unseemliness. If they do, Allah allows you to put them in separate rooms.. If they refrain from these things, they have the right to their food and clothing with kindness. Lay injunctions on women kindly, for they are prisoners with you, having no control of their persons. You have taken them only as a trust from Allah, and you have the enjoyment of their persons by the word of Allah, so understand my words, o men, for I have told you. I have left you with something which if you will hold fast to it, you will never fall into error-a plain indication, the Book of Allah, and the practice of His Prophet, so give heed to what I say" (The Life of Muhammad, Sallaa Allaahu 'Alayhe Wasallam, translated by A. Guillaume, page 651) - II - Rights of women in Islam Allah, Subhaanahu wa Ta'aalaa, gave women the same rights, as He gave to men: Aayah 228 of the second Soorah of the Holy Quraan, tells us that man and women are equal. It says: "And women shall have rights similar to the rights against them, according to what is equitable" The commentators of the Quraan say in page 99 (footnote 255) of The Holy Qur-an, English Translation of the Meanings and Commentary, printed in Al Madinah, Kingdom of Saudi Arabia: "The difference in economic position between the sexes makes the man's rights and liabilities a little greater than the women's. Q. iv. 34 refers to the duty of the man to maintain the women, and to a certain difference in nature between the sexes. Subject to this, the sexes are on terms of equality in law, and in certain matters the weaker sex is entitled to special protection". Again, in 3:195 of the Holy Quraan, Allah, Glory be to Him the Most High, tells us about the equality of men and women: "And their Lord hath accepted of them, and answered them: Never will I suffer to be lost the work of any of you, be he male or female: you are members, one of another". In footnote #500 of the same translation of Holy Quran, the commentators write: "In Islam the equal status of the sexes is not only recognized but insisted on. If sex distinction, which is a distinction in nature, does not count in spiritual matters, still less of course would count artificial distinctions, such as rank, wealth, position, race, colour, birth, etc.". In 33:35 the Holy Quraan underlines, again and again, the equality of man and women, and it says:

4 4 "For Muslim men and women, for believing men and women, for devout men and women, for true men and women, for men and women who are patient and constant, for men and women who humble themselves, for men and women who give in charity, for men and women who fast, for men and women who guard their chastity, and for men and women who engage much in Allah's remembrance, for them has Allah prepared forgiveness and great reward". In footnote 3719, the commentators elaborate and write: "A number of Muslim virtues are specified here, but the chief stress is laid on the fact that these virtues are as necessary to women as to men. Both sexes have spiritual as well as human rights and duties in an equal degree, and the future "reward" of the "Hereafter". Allah, Subhaanahu wa Ta'aalaa, says in Soorah Al Nesaa (4:124): "And whoever does righteous good deeds, male or female, and is a believer, such will enter Paradise, and not the least injustice, even to the size of a Naqeerah (speck on the back of a date-stone), will be done to them". It is reported from the Messenger of Allah, Muhammad ibnu 'Abdu Allaahe, Sallaa Allaahu 'Alayhe Wasallam, a Hadeeth that means: "You have rights over your women, and your women have rights over you" The Messenger of Allah, Muhammad bin 'Abdu Allaahe ben 'Abdu Al Muttalib ben Haashim, Sallaa Allaahu 'Alayhe Wasallam, said in the Farewell Pilgrimage, in the month of Thul Hajjah of the year 10 Hijrah (March 632), in his Farewell Sermon, among other things: "You have rights over your wives and they have rights over you. You have the right that they should not defile your bed and that they should not behave with open unseemliness. If they do, Allah allows you to put them in separate rooms.. If they refrain from these things, they have the right to their food and clothing with kindness. Lay injunctions on women kindly, for they are prisoners with you, having no control of their persons. You have taken them only as a trust from Allah, and you have the enjoyment of their persons by the word of Allah, so understand my words, o men, for I have told you. I have left you with something which if you will hold fast to it, you will never fall into error-a plain indication, the Book of Allah, and the practice of His Prophet, so give heed to what I say" (The Life of Muhammad, Sallaa Allaahu Alayhe Wasallam, translated by A. Guillaume, page 651) - III - Religious obligations in Islam Muslims, male and female, have the same religious obligations in this world. They must perform what is an obligation on them to do (Obligations), and must stay away from what is prohibited for them to do (Haram, or prohibited things). Allah, Subhaanahu wa Ta'aalaa, says in Sooratul Baqarah (2:277):

5 5 "Truly, those who believe, and do deeds of righteousness, and perform As-Salaat (perform their Salaat in a perfect manner), and give Zakat, they will have their reward with their Lord. On them shall be no fear, nor shall they grieve." Allah, Subhaanahu wa Ta'aalaa says in Sooratul Kahf (18:88): "But as for him who believes and works righteousness, he shall have the best reward (Paradise)". Allah, Subhaanahu wa Ta'aalaa, says in Sooratu Ghaafer (40:40): "Whosoever does an evil deed, will not be requited except the like thereof; and whoever does a righteous deed, whether male or female, and is a true believer, such will enter Paradise, where they will be provided therein without limit (with all things in abundance)." Allah, Subhaanahu wa Ta'aalaa, says in Sooratul Hashr (59:7): "And whatsoever the Messenger, gives you (commands you to do) take it, and whatsoever he forbids you, abstain (from it)". Narrated Aboo Hurayrah, may Allah be pleased with him, that the Messenger of Allah, Sallaa Allaahu 'Alayhe Wasallam, said: "Whoever obeys me, obeys Allah, and whoever disobeys me, disobeys Allah, and whoever obeys my ruler (the ruler I appointed), obeys me, and whoever disobeys my ruler, disobeys me".(albukhaare, vol. 9, Hadeeth # 251) Al Bukhaare reported the following Hadeeth (#7), in the translation of Dr. M. M. Khan: Narrated ibn 'Umar: Allah's Messenger, Sallaa Allaahu 'Alayhe Wasallam, said: "Islam is based on (the following) five (principles): 1. To testify that none has the right to be worshipped but Allah and Muhammad is Allah's Messenger. 2. To offer the (compulsory) prayers dutifully and perfectly. 3. To pay Zakat. 4. To perform Hajj. 5. To observe fast during the month of Ramadan. Women, like men, must discharge these religious obligations according to Islamic Law. Among the duties they must perform are: - Establish regular daily Prayers. - Pay the Zakat of their Wealth, if they meet the conditions to do so. - Fast the blessed month of Ramadan, except the days they are not pure, and make it up. - Perform Hajj, if they can afford it. Therefore, a Masjed for their Prayers must be made available to incarcerated Muslim women, where they establish regular prayers, learn the Holy Quran, and study their Religion, at the guidance of an Imam, and on their own, when he/she is not there. A wudoo station must be incorporated in the Masjed. They should be permitted access to the Masjed. If they perform their prayers in their rooms, they must be able to access the

6 6 bathrooms, before the scheduled times of the prayers, during the day and the night, to use the bathroom, brush their teeth, and to wash for Salaat (Wudoo). Incarcerated Muslim women must be granted the same rights as incarcerated Muslim men, according to CMR and the Religious Handbook. Incarcerated Muslim women must have a full time Muslim Imam and chaplain in the prison. IV - Rewards for deeds done in Islam Muslim, male and female, get from Allah, Subhaanahu wa Ta'aalaa, equal rewards for the same deeds they have done: Allah, Subhaanahu wa Ta'aalaa, says in Sooratu Aale 'Emraan (3:195): "And their Lord hath accepted of them, and answered them: Never will I suffer to be lost the work of any of you, be he male or female: you are members, one of another". Allah, Subhaanahu wa Ta'aalaa,, says in Soorah Al Nesaa (4:124): "And whoever does righteous good deeds, male or female, and is a believer, such will enter Paradise, and not the least injustice, even to the size of a Naqeerah (speck on the back of a date-stone), will be done to them". (Hilali and Khan) Allah, Subhaanahu wa Ta'aalaa,, says in Sooratul An'aam (6:160): "Whoever brings a good deed of obedience to Allah and His Messenger (Sallaa Allaahu 'Alayhe Wasallam) shall have ten times the like thereof to his credit, and whoever brings an evil deed, shall have only the recompense of the like thereof, and they will not be wronged".(hilali and Khan) Allah, Subhaanahu wa Ta'aalaa, says in Sooratu Al Nahle (16:97): "Whoever works righteousness, whether male or female, while he (or she) is a true believer, verily, to him We will give a good life (in this world with respect, contentment and lawful provisions), and We shall pay them certainly a reward in proportion to the best of what they used to do (i.e. Paradise in the Hereafter)". (Hilali and Khan) Allah, Subhaanahu wa Ta'aalaa, says in Sooratul Ahzaab (33:35): "Verily, the Muslims: men and women, the believers: men and women, the men and the women who are obedient (to Allah), the men and the women who are truthful (in their speech and deeds), the men and the women who are patient (in performing all the duties which Allah Has ordered and in abstaining from all that Allah Has forbidden), the men and the women who are humble (before their Lord-Allah), the men and the women who give Sadaqaat (i.e. Zakat and alms), the men and the women who observe

7 7 Saum (fast) (the obligatory fasting during the month of Ramadan and the optional Nawaafil fasting), the men and the women who guard their chastity (from illegal sexual acts) and the men and the women who remember Allah much with their hearts and tongues. Allah Has prepared for them forgiveness and a great reward (i.e. Paradise)". (Hilali and Khan) Allah, Subhaanahu wa Ta'aalaa,, says in Sooratu Ghaafer (40:40): "Whosoever does an evil deed, will not be requited except the like thereof; and whoever does a righteous deed, whether male or female, and is a true believer, such will enter Paradise, where they will be provided therein without limit (with all things in abundance)." Allah, Subhaanahu wa Ta'aalaa,, says in Sooratu Fussilat (41:46): "Whosoever does righteous good deed, it is for (the benefit of) his own self, and whosoever does evil, it is against his own self. And your Lord is not at all unjust to (His) slaves." (Hilali and Khan) Bukhaare reported from Abu Musa, may Allah be pleased with him, that the Prophet, Sallaa Allaahu 'Alayhe Wasallam, said: "The example of Muslims, Jews and Christians is like the example of a man who employed labourers to work for him from morning till night for specific wages. They works till mid-day and then said: "We do not need your money which you have fixed for us and let whatever we have done annulled". The man said to them: "Don't quit the work, but complete the rest of it and take your full wages". But they refused and went away (like the Jews who refused to believe in the Message of Prophet Jesus, 'Alayhessalaam). The man employed another batch after them and said to them: Complete the rest of the day, and yours will be the wages I had fixed for the first batch". So, they worked till the time of 'Asr Prayer. They said: "Let what we have done be annulled and keep the wages you have promised us for yourself". The man said to them: "Complete the rest of the work, as only a little of the day remains". But they refused (like the Christians who refused to believe in the Message of Prophet Muhammad, Sallaa Allaahu 'Alayhe Wasallam).Thereafter, he employed another batch to work for the rest of the day, and they worked for the rest of the day till the sunset, and they received the wages of the two former batches. So, that was the example of these people (Muslims) and the example of this light (Islamic Monotheism, the Quran, the Sunnah and the guidance of Prophet Muhammad, Sallallaahu 'Alayhe Wasallam) which they have accepted willingly". (Hilali and Khan) Allah, Subhaanahu wa Ta'aalaa,, says in Sooratu Al Najme (53:39): "And that man can have nothing but what he does (good or bad)" (Hilali and Khan) Allah, Subhaanahu wa Ta'aalaa,, says in Sooratu Al Qeyaamah (74:38): "Every person is a pledge for what he has earned". (Hilali and Khan)

8 8 - V - On clothing and adornments for women in Islam Some of the halal and the haram concerning clothing and adornments for women The Muslims are clean in their bodies and hair, clothes, prayer area, and living quarters. Islam requires that the Muslim be careful about his appearance, dress decently, maintain his dignity, and enjoy what Allah has created for the purpose of clothing and adornments. Allah, Subhaanahu wa Ta'aalaa, says in Sooratul A'raaf (7:26): "O children of Adam! We have bestowed raiment upon you to cover yourselves (screen your private parts) and as an adornment; and the raiment of righteousness, that is better. Such are among the Ayaat (signs) of Allah, that they may remember." And Allah, Subhaanahu wa Ta'aalaa, says in the same Sooratul A'raaf (7:31): "O children of Adam! Take your adornment (by wearing your clean clothes), while praying and going round the Ka'bah". (Hilali, Khan) Allah, Subhaanahu wa Ta'aalaa, says in Sooratul Mudaththir (74:4): "And purify your garments" The Great Prophet of Allah, Muhammad, Sallaa Allaahu 'Alayhe Wasallam, said that which means: "Clean yourself, for Islam is cleanness" (Ibnu Hayyan). "Cleanness invites toward faith, and faith leads its possessor to Paradise" (Al Tabraane) Muslims, men and women, must clean and take care of their hair. Aboo Daaood reported that the Prophet, Sallaa Allaahu 'Alayhe Wasallam, said that which means: "Whoever has hair must honor it (take care of it, by washing it regularly, oiling it and combing it)" Once a man approached the Prophet, Sallaa Allaahu 'Alayhe Wasallam, with his hair and beard disheveled. The Prophet, Sallaa Allaahu, 'Alayhe Wasallam, made some gestures as if asking the man to comb his hair. He did so, and when he returned, the Prophet, Sallaa Allaahu 'Alayhe Wasallam, said to him: "Is not this better than that one should come with disheveled hair, looking like a devil?" On another occasion the Prophet, Sallaa Allaahu 'Alayhe Wasallam, saw a man with unkempt hair, and remarked: "Does he have nothing with which to comb his hair?" Upon seeing another man with dirty clothes, he remarked: "Can not he find anything with which to wash his clothes?" Islam makes it haram (forbidden)for women to wear clothes which fail to cover the body and which are transparent, revealing what is underneath. It is likewise haram to wear tightly fitting clothes which delineate the parts of the body, specially those parts of the

9 9 body which are sexually attractive. Muslim reported from Abu Hurayrah that the Messenger of Allah, Sallaa Allaahu 'Alayhe Wasallam, said that which means: "I will not be a witness for two types of people who are destined for the Fire: people with whips, like the tails of cows, who beat the people (i.e. tyrannical rulers who are the enemies of their own people), and women who, although clothed, are yet naked, seducing and being seduced, their hair styled like tilted humps of camels. These will not enter Paradise, nor will its fragrance even reach them, although its fragrance reaches a very great distance". Ahmed and others reported that the Prophet, Sallaa Allaahu 'Alayhe Wasallam, forbade the women to wear man's clothing (like a shirt on trousers), and for the man to wear the dress of women. Al Bukhaaree reported that "the Prophet, Sallaa Allaahu 'Alayhe Wasallam, cursed men who imitate women and women who imitate men". Aspects of such imitation include the manner of speaking, walking, dressing, moving, etc. Al Tabraane reported that "the Prophet, Sallaa Allaahu 'Alayhe Wasallam, included among those who are cursed by Allah and His Angels, both in this world and in the Hereafter, the man who Allah made a male, but who becomes effeminate by imitating women, and a woman whom Allah made a female, but who becomes masculinized by imitating men". What is permitted for a women to display of her body? The face and the two hands, up to the wrists, for: Allah, Subhaanahu wa Ta'aalaa, says in Sooratu Al Noor (24:31): "And tell the believing women to lower their gaze, and protect their private parts, and not to show off their adornment, except only that which is apparent, and to draw their veils all over Juyubihinna (i.e. their bodies, faces, necks, bosoms) and not to reveal their adornments except to their husbands, or their fathers, or their husband's fathers, or their sons, or their husband's sons, or their brothers, or their brother's sons, or their sister's sons, or their (Muslim) women (i.e. their sisters in Islam, or the (female) slaves whom their right hands possess, or old male servants who lack vigour, or small children who have no sense of feminine sex. And let them not stamp their feet, so as to reveal what they hide of their adornment. And all of you beg Allah to forgive you all, O believers, that you may be successful". (Hilali and Khan) This means, that twelve categories of persons are exempted from this prohibition, whom she does not need to veil herself from. They are: 1. Her husband 2. Her father, including grandfathers. 3. Her husband's father. 4. Her sons. 5. Her husband's sons from another wife (stepsons)

10 10 6. Her brothers. 7. her brother's sons. 8. Her sister's sons. 9. Her Muslim sisters (her sisters in Islam). 10. The (female) slaves whom her right hand possess. 11. Old male servants who lack vigour. 12. Small children who have no sense of feminine sex. Bukhaare reported from 'Aaeshah, may Allah be pleased with her and her father, that she said: "May Allah bestow His Mercy on the early emigrant women. When Allah revealed: "And to draw their veils all over Juyuubihinna, (i.e. their bodies, faces, necks, and bosoms), they tore their Muruts (a woolen dress, or a waist -binding cloth or an apron) and covered their heads and faces with those torn Muruts". (Bukhaare #282 in vol.6) Maududi (in his Tafseer, The Meaning of the Quran, vol. 8, page 124)reports from Abu Daaood that 'Aaeshah, Mother of the Believers, and wife of the Prophet, Sallaa Allaahu 'Alayhe Wasallam, said that once her sister Asmaa, may Allah be pleased with her and her Father and family, came before the Holy Prophet, Sallaa Allaahu 'Alayhe Wasallam, in a thin dress. The Holy Prophet, Sallaa Allaahu 'Alayhe Wasallam, immediately turned his face away and said: "O Asmaa, after a woman has menstruated (attained her maturity), it is not permissible that any part of her body should be exposed, except the face and the hand". This command prohibits Muslim women to show their concealed adornments, such as the ears, hair, neck, breasts, or ankles, to men who they can legally marry, and to whom they are permitted to display only their faces and hands, up to the wrists. Similarly, non- Muslim women are not allowed to see a Muslim woman's adornments, except for the face and the two hands, up to the wrists. A Muslim women must cover all her body, except the face and the hands: Allah, Subhaanahu wa Ta'aalaa, says in Sooratul Ahzaab (33:59): "O Prophet! Tell your wives and your daughters and the women of the believers to draw their cloaks (veils) all over their bodies. That will be better, that they should be known (as free, respectable women) so as not to be annoyed. And Allah is Ever Oft-Forgiving, Most Merciful". (Hilali and Khan) Allah, Subhaanahu wa Ta'aalaa, also commands Muslim men, to lower their gaze, and He says in Sooratu Al Noor (24:30): "Tell the believing men to lower their gaze, and protect their private parts. That is purer for them. Verily Allah is All-Aware of what they do". (Hilali and Khan) Bukhaare reported from Sa'eed ben Abee Al Hasan said to Al Hasan: "The non Arab women expose their chests and heads". Al Hasan said (to Sa'eed): "Avert your eyes from them, for Allah, 'Azza wa Jalla, says: "Tell the believing men to lower their gaze, and protect their private parts".

11 11 -VI- How should an incarcerated Muslim woman be clothed? She should dress in such a way that all her body is covered. She should wear a long, loose fitting dress, that covers the ankles, with long sleeves. Underneath she might wear trousers. She must, also, wear a khemaar (A scarf), that covers her head, neck, shoulders and bosom. She may wear socks on her feet. Allah, Subhaanahu wa Ta'aalaa, says in Aayah 31 of Sooratu Al Noor (24:31): "And tell the believing women to lower their gaze, and protect their private parts, and not to show off their adornment, except only that which is apparent, and to draw their veils all over Juyubihinna" (24:31) The Holy Prophet, Sallaa Allaahu 'Alayhe Wasallam, immediately turned his face away and said: "O Asmaa, after a woman has menstruated (attained her maturity), it is not permissible that any part of her body should be exposed, except the face and the hand". -VII - Bathrooms - swimming pools In consideration of Islam's concern for women's 'awrah and its proper covering, the Prophet, Sallaa Allaahu 'Alayhe Wasallam, warned the Muslim woman against entering public baths and disrobing in front of other women, who might subsequently make her physical characteristics a topic of their gossip and vulgar comments. Similarly, the Prophet, Sallaa Allaahu 'Alayhe Wasallam, warned the Muslim man against entering public baths without a waist wrapper. Jabir narrated that the Messenger of Allaah, Sallaa Allaahu 'Alayhe Wasallam, said: ""Whoever believes in Allah and the Last Day must not enter the public bath without a lower garment, and whoever believes in Allah and the Last Day must not let his wife go to the public bath. If a women enters a public bath without a valid reason or need, she has committed a haram act and deserves the censure of the Prophet, Sallaa Allaahu 'Alayhe Wasallam".(Al Tirmithee, Aboo Daaood, Ibnu Maajah, Al Haakem) Abul Malih al Huthalee reported that some women from Homs or Damascus came to visit 'Aaeshah, may Allah be pleased with her and her father, and she said: "Are you from a place where women go the public baths? I heard the Messenger of Allah, Sallaa Allaahu 'Alayhe Wasallam, saying: "A woman who removes her clothes outside her husband's house, tears down the veil (Hejaab) between herself and her Lord". Ummu Salamah, may Allah be pleased with her, narrated that the Prophet, Sallaa Allaahu 'Alayhe Wasallam said: "If any woman takes off her clothes outside her own house, Allah will tear His covering from her". Maududi, in his Tafseer, vol. 8, page 130 reports: According to one group, the "female associates" (24:31) mean only Muslim women; as for non Muslim women, whether zimmis (Christians and Jews) or otherwise, they are excluded and purdah (veil) should be

12 12 observed from them as from men. Ibn 'Abbaas, Mujahid and Ibn Jurayj hold this opinion and cite the following incident in support thereof: Caliph 'Umar wrote to Abu 'Ubaidah: "I hear that some Muslim women have started going to public baths along with non - Muslim women. It is not permissible for a women who believes in Allah and the Last Day that she should expose her body before the women other that of her own community". The Quran text for this prohibition is Aayah 31 of Sooratu Al Noor (24:31), which says: "Tell the believing women to lower their gaze, and protect their private parts, and not to show off their adornments except that which is apparent..and not to reveal their adornments except.. their (Muslim) women (i.e. their sisters in Islam)", and the non -Muslim women are not her sisters in Islam, therefore the Muslim woman is commanded to protect her body from them. When Islam takes such a strict view of woman's entering public baths, which are, after all, buildings with four walls in which only woman are allowed, imagine its judgment concerning the nearly nude women lying about on beaches and the swimming pools, exposing their nakedness to the hungry and lustful eyes of every passer-by, without any sense of shame. Assuredly, they have torn down every veil between themselves and their Most Merciful Lord. And their men are partners in their sin, since they are responsible protectors of their women. If only they new. - VIII - Physical contact between Muslim women and CO's There should be no physical contact of any kind between an incarcerated Muslim woman and a CO male Officer, because it is prohibited in Islam. Ma'qal ibn Yasar narrated that the Messenger of Allah, Sallaa Allaahu 'Alayhe Wasallam, said: "It is better for one of you to be pricked (Stabbed) in the head with an iron pick than touch a woman whom it is unlawful to touch" (Al Munthari says: this Hadeeth is reported by al Tabraani, and al Bayhaqee, and al Tabraanee's transmitters are authentic and sound) Al Bukhaare, in Hadeeth #874, reported from 'Aaeshah, that she said: "By Allah, he never touched the hand of any women (i.e. never shook hands with them) while taking the pledge of allegiance, and he never took their pledge of allegiance except by his word." Maududi reports from Ahmad, Tirmithe, Nasaae, Ibn Maajah, Ibnu Jareer and Ibnu Abee Haatem (Tafseer vol. 14, page 195), a Hadeeth they have reported from Umaimah bint Ruqaiqah, that she said: "I, along with some other women went before the Holy Prophet, Sallaa Allaahu 'Alayhe Wasallam, to pledge allegiance, and he made us to pledge according to this verse of the Quran (60:12). When we said: we will not disobey you in what is good and right, he said: "As far as it is in your power". We submitted: 'Allah and his Messenger are more kind to us than we could be to ourselves. Then we said: O Messenger of Allah, stretch your hand so that we may pledge allegiance. He replied: "I do not shake hands with women: I only make them take the pledge". So he made us to pledge. In another tradition she has stated: The Holy Prophet did not take the hand of any of us in his own hand".

13 13 -IX- Verbal contact between a Muslim women and men, other than of her family There should be no verbal contact between an incarcerated Muslim women and male COs. The Muslim woman walks and talks in a dignified and business-like manner, avoiding flirtatiousness in her facial expressions and movements. Flirting and seductive behavior are characteristics of wrong-minded women, not of Muslims. Allah, Subhaanahu wa Ta'aalaa, says in Aayah 32 of Sooratul Ahzaab: "If you keep your duty (to Allah), then be not soft in speech, lest he in whose heart is a disease, should be moved with desire..". Maududi, in his Tafseer "the Meaning of the Quran", vol. 14, page 193, in the tafseer of Aayah 12 of Sooratul Mumtahinah (60:12), writes: Qatadah and Hasan Al Basree (may Allah bless them) say that one of the things that the Holy Prophet, Sallaa Allaahu 'Alayhe Wasallam, had made the women to pledge also was that they would refrain from talking with other men freely. Ibn 'Abaas has explained it in a tradition, thus: "That they would not talk with other men in private". Qatadah has further explained it thus: "On hearing this command, Hadrat Abdur Rahman bin 'Auf said: O Messenger of Allah, Sallaa Allaahu 'Alayhe Wasallam, it so happens that we are not present in the house and somebody comes to see us. The Holy Prophet, Sallaa Allaahu 'Alayhe Wasallam, replied: "I do not mean this. That is, the woman is not forbidden to tell the visitor that the master of the house is not present". (These traditions have been cited by Ibn Jarir and Ibn Abi Hatim) -X- Sin and punishment A Muslim, male or female, who does not obey Allah, Subhaanahu wa Ta'aalaa, and His Messenger, Sallaa Allaahu 'Alayhe Wasallam, sins. Whoever prevents a Muslim to meet his/her religious obligation, sins, and Allah, Subhaanahu wa Ta'aalaa,, will punish him/her. Allah, Subhaanahu wa Ta'aalaa, says in Sooratul Baqarah (2:114): "And who are more unjust than those who forbid that Allah's Name be glorified and mentioned much (i.e. prayers and invocations) in Allah's mosques and strive for their ruin? It was not fitting that such should themselves enter them (Allah's mosques-masjeds) except in fear. For them there is disgrace in this world, and they will have a great torment in the Hereafter." (Hilali and Khan) Allah, Subhaanahu wa Ta'aalaa, says in Sooratul Ahzaab (33:57): "Verily, those who annoy Allah and His Messenger, Sallaa Allaahu 'Alayhe Wasallam, Allah Has cursed them in this world, and in the Hereafter, and Has prepared for them a humiliating torment." (Hilali and Khan)

14 14 -XI- Islam and Muslim A Muslim is the person who believes and witnesses that there is no God but Allah, Who has no partners, associates, wives, children, family, or parents, and that Prophet Muhammad ben 'Abdu Allaahe ben 'Abdu Al Muttaleb ben Haashem, Sallaa Allaahu 'Alayhe Wasallam, is His Prophet and Messenger, the last and seal of His Prophets and Messengers. Whoever believes in that and says it with his tongue is a Muslim, and his/her religion is Islam. Who should follow this Great Prophet? He was sent to all human kind, in its entirety. Allah, Subhaanahu wa Ta'aalaa, says in Aayah 28 of Sooratu Saba (34:28): "And we have sent you (O Muhammad, Sallaa Allaahu 'Alayhe Wasallam) except as a giver of glad tidings and a Warner to all mankind, but most of men know not". (Hilali and Khan) Al Bukhaare reports (Vol. 1 Hadeeth #331) that the Prophet, Sallaa Allaahu 'Alayhe Wasallam, said that which means: "I have been given five (things) which were not given to anyone before me: 1. Allah made me victorious by awe, (by His frightening my enemies, and non Muslims having terror of Muslims)) for a distance of one month's journey. (Muslim Scholars say: it is likely so for his followers as well, until the Day of Resurrection: see Fathu al Baare be sharhe Saheehe al Bukhaare, vol. 1, Hadeeth # 335, on page 579, printed on 1414/1993 by Daaru Al Fikr in Bairut, Lebanon) 2. The earth has been made for me (and for my followers) a place for praying and a thing to purify (perform Tayammum), therefore anyone of my followers can pray wherever he is, at the time of a prayer. 3. The booty has been made Halal (lawful) to me, yet it was not lawful to anyone else before me. 4. I have been given the right of intercession (on the Day of Resurrection). 5. Every Prophet used to be sent to his nation only, but I have been sent to all mankind." Muslim reports (Saheeh Muslim, the Book of Faith, Vol. 1, chapter # 240), that it is obligatory to have belief in the Messengership of Prophet Muhammad Sallaa Allaahu 'Alayhe Wasallam, and reports that the Prophet, Sallaa Allaahu 'Alayhe Wasallam, said that which means: "By him (Allaah) in Whose Hand Muhammad's soul is, there is none from amongst the Jews and Christians who hears about me, and then dies without believing in the Message with which I have been sent, but he will be from the dwellers of the (Hell) Fire" ho / References: 1. The Holy Quraan. 2. Tafseer al Baghawe 3. Tafseer Al Qurtubi. 4. Tafseer Maududi

15 15 5. Tafseer al Tabare 6. Tafseer Al Aloose 7. Translation of the Quran by Al Hilali and Khan 8. The Holy Qur-an, English Translation of the Meanings and Commentary, Al Madinah, SA. 9. Fathu Al Baaree be sharhe saheeh al Bukhaaree 10. Saheeh Bukhari, translated into English by Dr. Muhammad Muhsin Khan. 11. Al Halaal wa al haraam fee al Islaam, by Dr. Yoosuf Al Qardaawee. 12. The lawful and the prohibited in Islam, by Dr. Yoosuf al Qardaawe. 13. Fiqhi Al Sunnah, by Sayyid Sabiq.