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CSS 2023Islamic StudiesQ. 4

Elaborate the rights of daughters granted by Islam and how these are denied by Muslims in the contemporary world?

By CSS Nexus Team ·

Original CSS 2023 Islamic Studies paper

This answer to the CSS 2023 Islamic Studies paper (Q. 4) was written by the CSS Nexus team. Read the outline first, then see how each point is developed.

Outline

  • 1. Introduction
  • 2. Daughters before Islam
  • 3. Rights of daughters in Islam
  • ✓Life, welcome and equal love
  • ✓Upbringing and education
  • ✓Consent in marriage
  • ✓Inheritance and property
  • ✓Protection and support
  • 4. How these rights are denied today
  • 5. Causes of denial
  • 6. Remedies
  • 7. Conclusion

Answer

Introduction

Islam came to a society where the birth of a girl was often regarded as a disgrace. It not only stopped the killing of daughters, but also made raising them a route to Paradise. Yet today, in many Muslim communities, daughters are still unwanted, denied education, married against their will and deprived of inheritance. The problem is thus the gap between what Islam grants and what Muslims practise.

Daughters before Islam

Some pre-Islamic Arab tribes buried infant girls alive, out of fear of poverty or shame. The Quran records the reaction of a father on hearing of a daughter's birth.

وَإِذَا بُشِّرَ أَحَدُهُم بِٱلْأُنثَىٰ ظَلَّ وَجْهُهُۥ مُسْوَدًّۭا وَهُوَ كَظِيمٌۭ

يَتَوَٰرَىٰ مِنَ ٱلْقَوْمِ مِن سُوٓءِ مَا بُشِّرَ بِهِۦٓ أَيُمْسِكُهُۥ عَلَىٰ هُونٍ أَمْ يَدُسُّهُۥ فِى ٱلتُّرَابِ …

"And when one of them is informed of a female, his face becomes dark, and he suppresses grief. He hides himself from the people because of the ill of which he has been informed. Should he keep it in humiliation or bury it in the ground?" (An-Nahl 16:58–59)

The Quran declared that the buried girl will herself be asked for what sin she was killed.

وَإِذَا ٱلْمَوْءُۥدَةُ سُئِلَتْ

بِأَىِّ ذَنۢبٍۢ قُتِلَتْ

"And when the girl buried alive is asked, for what sin she was killed." (At-Takwir 81:8–9)

Rights of daughters in Islam

Rights of Daughters

  • Life and welcome
  • Love and equal treatment
  • Good upbringing and education
  • Consent in marriage
  • Dower and property
  • Inheritance
  • Protection and support

1. Right to life and welcome

Infanticide is prohibited, including through fear of poverty (Al-Isra 17:31). A daughter is a gift from Allah. The Quran mentions daughters first when it lists His gift of children.

… يَخْلُقُ مَا يَشَآءُ يَهَبُ لِمَن يَشَآءُ إِنَٰثًۭا وَيَهَبُ لِمَن يَشَآءُ ٱلذُّكُورَ

"…He creates what He wills. He gives to whom He wills female children, and He gives to whom He wills males." (Ash-Shura 42:49)

2. Love and equal treatment

The Prophet ﷺ himself set the example. Hazrat Fatimah (RA) was so honoured that he stood to greet her and seated her in his own place (Abu Dawud). He carried his granddaughter Umamah in prayer (Bukhari, Muslim). He told parents: "Fear Allah and treat your children equally" (Bukhari, Muslim).

3. A special promise for raising daughters

He said: "Whoever raises two girls until they reach maturity, he and I will come on the Day of Resurrection like this," and he joined his fingers (Muslim). He also said that daughters will be a shield from the Fire for one who is tested by them and treats them well (Bukhari, Muslim).

4. Upbringing and education

Seeking knowledge is an obligation on every Muslim (Ibn Majah; its chain is graded weak, though the saying is widely quoted). He urged the education of slave girls as well, promising double reward to one who educates and frees a slave girl and marries her (Bukhari, Muslim). Hazrat Aishah (RA) was among the greatest scholars of her time.

… قُلْ هَلْ يَسْتَوِى ٱلَّذِينَ يَعْلَمُونَ وَٱلَّذِينَ لَا يَعْلَمُونَ …

"…Say: Are those who know equal to those who do not know?" (Az-Zumar 39:9)

5. Consent in marriage

"A virgin should not be married until her permission is sought" (Bukhari, Muslim). When Khansa bint Khidam (RA) complained that her father had married her against her wishes, the Prophet ﷺ annulled the marriage (Bukhari).

6. Dower and property

She is entitled to her dower, and it belongs to her alone. Nobody may take it, not even her father. Her property remains hers even after marriage.

وَءَاتُوا۟ ٱلنِّسَآءَ صَدُقَٰتِهِنَّ نِحْلَةًۭ …

"And give the women their bridal gifts graciously." (An-Nisa 4:4)

7. Inheritance

A daughter has a fixed share. A single daughter takes half the estate, and two or more share two-thirds, while with sons she takes half the share of a son (An-Nisa 4:11). This must be understood alongside the fact that she has no duty to support the family.

… وَلِلنِّسَآءِ نَصِيبٌۭ مِّمَّا تَرَكَ ٱلْوَٰلِدَانِ وَٱلْأَقْرَبُونَ …

"…And for women is a share of what the parents and close relatives leave." (An-Nisa 4:7)

8. Protection and support

Her guardian must maintain her until marriage. If she is widowed or divorced, then her family should support her. The Prophet ﷺ said that the best charity is spending on a daughter who has been returned to you and who has no other provider (Ibn Majah, in a report graded weak).

How these rights are denied today

1. Preference for sons

In many families, the birth of a girl brings disappointment. A wife may be blamed and mistreated, or divorced, for having daughters, although the Quran attributes this to the will of Allah. Sex-selective abortion and neglect have been reported in parts of South Asia. Baby girls are disproportionately found abandoned, as welfare organisations have recorded in Karachi.

2. Unequal care and education

Girls commonly receive less food, less health care and less schooling than their brothers. In Pakistan, millions of girls are out of school, and militants in Swat attacked girls' schools and shot Malala Yousafzai in 2012. In Afghanistan, girls have been barred from secondary and university education since 2021, a policy many Muslim scholars and the OIC have criticised as being contrary to Islam.

3. Forced and child marriage

Girls are married without consent, or before they are ready. Customs such as watta satta, vani and swara, in which girls are handed over to settle disputes, directly violate their rights. Pakistan's 2017 Demographic and Health Survey reported that a significant share of young women had been married before eighteen.

4. Denial of inheritance

Many families push daughters to sign away their shares to their brothers, or give them dowry instead. In some landowning families, daughters are not allowed to marry, or are "married to the Quran", simply to keep the land in the family.

5. Honour killing

Hundreds of women are reported killed each year in Pakistan in the name of honour, as the Human Rights Commission of Pakistan has documented. No such practice exists in Islam.

6. Dowry demands

The expectation of dowry makes daughters seem a financial burden, even though Islam requires the man to give a dower to the woman, and not the reverse.

7. Restricted choices

Some daughters are refused any say in education, work or in how they use their own money.

Causes of denial

These include patriarchal custom, poverty, illiteracy, weak law enforcement, and the desire to retain land and honour within male lines. Religious teaching has not always addressed the issue clearly, and customs are sometimes wrongly presented as being Islamic.

Remedies

1. Religious teaching

Scholars must use Friday sermons to teach the rights of daughters clearly, and condemn customs that deny them.

2. Education

Pakistan should enforce Article 25-A, offer stipends for girls' schooling, and build safe schools and transport.

3. Law enforcement

Existing laws include the Prevention of Anti-Women Practices Act 2011, the Enforcement of Women's Property Rights Act 2020, and the Criminal Law (Amendment) (Offences in the name or pretext of Honour) Act 2016. Sindh set the marriage age at eighteen in 2013. These laws should be applied properly, and marriage ages should be made uniform throughout the country.

4. Land record reform

Inheritance should be registered automatically, with close scrutiny of any surrender of rights.

5. Economic empowerment

Skills, jobs and financial independence make daughters more secure and improve how families value them.

6. Change at home

Parents should welcome daughters, treat them equally, and give them their inheritance willingly. Media and role models can reinforce this.

Conclusion

Islam gave daughters the right to life, love, education, consent, dower, inheritance and protection, and promised Paradise to those who raise them well. Today, many Muslims deny them these rights through son preference, unequal treatment, forced marriage, loss of inheritance and honour killing. These failures contradict Islam, and they cannot be defended in its name. Giving daughters what Allah has given them is a matter of justice, and it is among the surest ways of renewing Muslim societies.

The writer can be reached at ma6749429@gmail.com

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