APRIL 30 — I am writing to express my utter dismay at the April 27 report on Harussani Zakaria’s statement regarding the sexual rights of a husband. As a mufti, the highest authority on Islam in a state, Harussani should have exercised some care in pronouncing such a fatwa. The influence he exerts over the Muslim masses is great and as such, his opinion can greatly damage their mindset.
Harussani’s statement as reported was that “a Muslim woman has no right to reject her husband’s demand (for sex)” going by the hadith (saying of the Prophet) which approximately says that “if a husband asks for sex even when they’re riding on a camel, the woman must oblige him. Her state of mind becomes a non-issue, let alone her own desire to consummate the act.”
I find it very disconcerting that Harussani does not even look at the Quran to make a comparison between the Quran’s notion of a marital relationship with the hadith he quoted (Chapter 30 Verse 21). The wording in this verse is very indicative of the Quran’s spirit.
It considers our spouses to be “from our very own souls”, thus showing that hurting them is tantamount to hurting ourselves. It goes on to say that we are to seek tranquillity in them and that God himself places love and mercy between us. Can such a relationship be built upon a foundation of compulsion and authoritarianism?
Not only that, Harussani failed to consider the Quranic maxim that the Prophet is considered to be “the mercy unto the worlds” (Chapter 21 Verse 107). If a Muslim is meant to copy the behavioural pattern of the Prophet, then it is impossible for him to make such a demand in the first place.
It should be remembered that one of the principles in fiqh (Islamic jurisprudence) is that the Quran is the highest authority and that hadith which contravene the Quranic letter and spirit must be utterly rejected. The hadith Harussani quoted is a careless one, treating the woman as nothing more than a sex object. It does not place her as the Quran places her, in the highest esteem as an equal partner.
Harussani’s answer to the “marital rape” issue is that it is a construct of European discourse. This is a typical answer from the ulamak class when faced with dissent. It is, in the field of logic and rhetoric, what one would call “appeal to emotion.” It is devoid of any value in itself beyond riling up sentiments. The fact of the matter is, Harussani’s statement contradicts Islam. Whether it concords with or contradicts European philosophy is immaterial.
I highly question Harussani Zakaria’s competence to hold office. A mufti must have strong familiarity with the Quran and must be able to see when hadith contradict its principles. I also call for the retraction of his careless remark and for him to return to the legal and moral spirit of Islam.
* This is the personal opinion of the writer or organisation and does not necessarily represent the views of Malay Mail Online.
