Islamic apologists argue that Islam is a Feminist Religion, citing the provision that allows a woman to stipulate a condition at the time of marriage to secure the right to divorce if the husband takes a new wife.

However, this claim faces several challenges:

Firstly, there exists a significant divergence of opinions among Muslims on this matter. While two Sunni Imams (Imam Ahmad bin Hanbal and Imam Malik) endorse this practice, the other two (Imam Abu Hanifa and Imam Shafi'i) prohibit it (Source). This disparity arises because there is no EXPLICIT Instruction in the Quran and Hadith of Muhammad regarding this issue.

The perplexity deepens when considering that both factions rely on the SAME Singular Hadith as their source.

Sunan Tirmidh, 1352:

أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ ‏ "‏ الصُّلْحُ جَائِزٌ بَيْنَ الْمُسْلِمِينَ إِلاَّ صُلْحًا حَرَّمَ حَلاَلاً أَوْ أَحَلَّ حَرَامًا وَالْمُسْلِمُونَ عَلَى شُرُوطِهِمْ إِلاَّ شَرْطًا حَرَّمَ حَلاَلاً أَوْ أَحَلَّ حَرَامًا ‏"‏ ‏.‏

The Messenger of Allah (ﷺ) said: "Reconciliation is allowed among the Muslims, except for reconciliation that makes the lawful unlawful, or the unlawful lawful. And the Muslims will be held to their conditions, except the conditions that make the lawful unlawful, or the unlawful lawful."

The Hadith in question, Sunan Tirmidh 1352, is ambiguous and does not directly address the issue. Despite this vagueness, both groups interpret it in 100% OPPOSITE ways. One faction asserts that the Hadith grants women the right to divorce (Source), while the other, using the same Hadith, denies women this right (Source).  One party claims to stipulate the condition that a woman gets the right to divorce is not making any unlawful lawful in Sharia, while the other party claims that giving this right to a woman is indeed unlawful. 

Several key points underscore the problematic nature of this situation:

  1. Muslims lack a clear and direct Quranic or Hadith instruction on this matter; instead, there is reliance on a single, indirect Hadith.
  2. The singular Hadith is ambiguous, and yet both factions draw contradictory conclusions from it.

This is a STRANGE and a HUGE 180-degree contradiction. 

 

The FAILURE of Feminist Allah to save billions of women of the last 14 centuries from Suffering

Furthermore, it is noteworthy that, by default, women are not consulted during marriage about including a condition in the contract granting them the right to divorce if their husbands take additional wives. 

The absence of this default condition meant that 99.9% of Muslim women over the last 14 centuries were unaware of their right to include such a condition. Many of these women may have chosen to safeguard themselves from exploitation by asserting this right, but their ignorance resulted from the lack of a default provision in the marriage contract.

The critical question arises: If Allah, who is claimed to know the Future Unseen, was aware that an overwhelming majority of women would remain unaware of their rights, why did He not take measures to make this right clear? This could have been achieved through:

  1. Revealing a clear Quranic verse (or multiple verses) to unequivocally establish this women's right.
  2. Clearly articulating it in the Hadith of Muhammad.
  3. Enforcing it as a default condition in the marriage contract, analogous to seeking a woman's "consent" during marriage.

The unfortunate outcome is that due to what appears to be Allah's inability to communicate effectively, billions of Muslim women had to endure unnecessary suffering during the last 14 centuries.

In conclusion, one may contemplate whether the lack of divine intervention suggests the absence of an Allah in the heavens, and whether Muhammad was making the religion on his own and he, being human, made errors in adequately communicating religious principles.

 


For more details, please read Kecia Ali's book "Marriage And Slavery In Early Islam"  page 72-75