KADININ KOCASINA HİZMET ETME VE EV İŞLERİNİ YAPMA ZORUNLULUĞU HAKKINDA DEĞERLENDİRMELER

Kur'an, kadının üzerinde kocaya ait haklar kıldığı gibi kocası üzerinde de karısı için bir takım hakları gerekli kılmıştır. Bunun temeli şu ayettir. "..Kadınların hakları, örfe uygun bir şekilde vazifelerine denktir. Erkeklerin onlardan bir üstün derecesi vardır...". (Bakara, 228) Bu ayette zikredilen "derece" den maksat erkeklerin kadınlar üzerine olan üstünlüğüdür. Bu üstünlük, Allah'ın emrettiği gibi aile bireylerinin işlerini görüp nafakalarını temin etmek, aile reisliği yapmak ve verdiği emirlere uyulmak gibi üstünlüklerdir. Kadın konusu ele alınırken, en çok kadın erkek eşitliği iddiası gündeme getirilmektedir. Öncelikle şu tespiti yapmak gerekir ki, birbirinden farklı olan iki şey, o anda birbiriyle eşit olamaz. Ne kadın erkeğin, ne de erkek kadının eşitidir. Kadın ile erkek karşılıklı olarak üstün olan ve olmayan taraflarıyla, hayatın bütününde vazife, sorumluluk, yetki ve haklar açısından birbirini tamamlayan, bir bütünü meydana getiren iki parçadır. Allah, kadın ve erkeği çeşitli hak ve görevler noktasında eşit yaratmıştır. Bununla birlikte yaratılış ve tabiatlarına uygun olarak aralarında görev taksimi söz konusudur. Evlilik hayatının düzeni ve devamı için hem erkek, hem de kadının tabii ve fıtri olan sorumluluklarını yerine getirmeleri gerekmektedir. Bu çerçevede erkek, çalışıp kazanma ve ailenin geçimini temin etme gibi bir sorumluluğu üstlenirken, kadın da ev işlerini düzenleme, çocukları terbiye etme, evde rahat yaşayabilmenin sebeplerini kolaylaştırma, evde huzuru sağlama gibi sorumlulukları üstlenmelidir

ASSESSMENTS ON NECESSITY OF SERVING TO HUSBAND AND DOING HOUSEWORK FOR WOMEN

As the husband has rights on his wife, the woman also has rights over their husbands according to the Qur'an. It is the based on following verse. “The rights of women are equal to their duties in accordance with traditions. Men have a higher grade.” (Bakara,228) “Grade” as mentioned in this verse, indicates the superiority of men over women. This superiorities that God has commanded are such as doing the work of the family, earning a livelihood for family, managing the family and ensuring that family members are complied with the given orders by him. When discussing the issue of women, the equality of woman and man is brought forward. Firstly we need to make the following determination, two things that are different from each other can not be equal. Neither the woman is equal to man nor the man to woman. Women and men with superior and non-superior features are complementary parts in whole life in terms of duty responsibility, authority, rights. God has created man and woman equal in terms of various rights and duties. God has shared duties between them in accordance with their creation and nature. For the resumption of marriage life, women and men should fulfill their natural and inbeing responsibilities. Therefore, men are responsible with working and making money for livelihood of the family on the other hand women have responsibilities as doing the housework, disciplining the children, providing peace at home When the issue of women is addressed, usually equality of men and women is brought to the agenda. Women and men are not equal. Trying to equalize different things are like adding pears with apples. Women and men are not equal but mutually superior and non-superior parts, are two complementary pieces in whole life with aspects of duty, responsibility, authority and rights. Allah, created man and woman equally at the point of various rights and duties. At the same time, there is a distribution of tasks among them in accordance with their nature and creation There is an agreement about serving husband and doing housework. But there is a controversy over the provision of these services. When Islamic law sources are examined, we see that there are 3 opinions on this issue. According to the Shafi’i and Hanbali sects, serving to husband is not a wajib, it is only a suggested behavior. Women are free about doing the housework and husband’s affairs. In this regard, women can not be forced. The woman has no obligation to serve. Otherwise according to the majority of Maliki, Ebu Sevr and Ebu Bekr b. Şeybe, serving to husband and doing housework are wajib. Hz. Muhammed ruled that his daughter (Hz Fatma) would serve her husband and do housework, also his groom (Hz Ali) would make the exterior affairs. The woman is obliged to do these kinds of works. These are assessed as husband’s rights. Absolutely executed acts are interpreted according to custom. According to the custom, serving to husband and doing housework are liabilities of women. On the other hand according to the Hanafi sect, serving husband and doing housework are wajib for women but they can’t be forced by the judge. But they will be responsible to Allah. Hz Muhammed’s rules that mentioned before are interpreted different from Mailiki’s. It seems more appropriate to prefer among mentioned views that service of the husband and doing housework are wajib. The evidence will be discussed below, confirms this view. 1- In the Qur'an, it is expressed that the rights of women are equivalent to their duties appropriate to the custom. Both men and women should fulfill the natural responsibilities for the continuation of marriage. In this context, men have to work and earn money, women should discipline the children and do housework. 2-Hz. Fatma complained to Hz Muhammed because of housework and then Hz. Muhammed ruled that his daughter (Hz Fatma) would serve her husband and do housework, also his groom (Hz Ali) would make the exterior affairs. He didn’t make an explanation that she is not obliged to serve. Hz Muhammed didn’t handle his daughter’s problem. 3-When sahabe(companion) gave their daughters in marriage , they ordered them to serve their husbands and respect housband’s rights. Also sahabe (companion) women didn’t fail in serving their husbands and doing housework. 4-Women’s service is a right of husband. As a matter of fact, women's characteristics show that they are created more prone to do housework. Women have to do housework. The best example of this is the services of Hz Muhammed’s wives had done. 5-It is possible to make the following assessments mentally: If responsibility of housework is given to the man, man will be assigned to two jobs. If the husband have the responsibility of housework and exterior affairs for earning money, the woman will remain idle at home and men are extremely burdened. If the woman is exempted from housework, there will be inequality between men and women in terms of rights and this is contrary to the rule of Islam. 6-Husband have to supply the family and provide their alimony. Food, sheltering, health, furniture and clothing expenses are included in the alimony. In these days, many women who are described as religious, comment that women are not obligated to do housework. This issue which has not been discussed in the past, needs to be considered together with the issue of alimony. Namely, the husband who is obliged to alimony must provide clothes appropriate to the climate, customs of the region and income. The mandatory amount is to buy clothes twice a year, one in summer and the other in winter. More than two clothes aren’t wajib for husband. Also it does not affect the increase or decrease in the number of the clothes that will be buyed with the obligation of the man being rich or poor. It is only affect the quality of the clothes. Nonetheless men, by their own will, can provide more for his family. The husband who is obliged to alimony, generally provide much more than is needed. Nevertheless, it is thought-provoking that women avoid doing housework. It is not proper to ethic and the religious approach to run away from their own responsibilities while expecting good behavior from the other side. Considering today's family relationships, I think it would be useful to remind the following opinions. It is known that even though the responsibility for men about clothing is limited with certain amount, women do shopping until they can not fit in the wardrobe. There is no obligation to buy this amount of cloth within the context of alimony. Married women who partially hinder their obligations due to religious reasons or business life, should not expect excessive support from their husbands as food, sheltering, servant, cloth etc. In this case, if she works and supports to her husband for alimony, he should help his wife about housework.

___

  • Kur’an- Kerim
  • Kütüb-i Sitte
  • Acar, H. İbrahim, İslâm Aile Hukuku, İstanbul, 2017.
  • Askalânî, İbn Hacer, Fethu’l-Bari bi Şerhi’l-Buhârî, Beyrut, 1989.
  • Buhûtî, Keşşâfu’l-Kınâ’, Beyrut, ts.
  • Desûki, Hâşiyetu’d-Dusûki ala Şerhi’l-Kebîr, ts.
  • İbn Kudâme, el-Muğni, ts.
  • Kâsâni, Bedâyi’u’s- Sanâyi’ fi Tertîbi’ş-Şerâyi’, Beyrut, 1986.
  • Kitabu’l-Mevsu’atu’l-Fıkhiyye, el-Küveytiyye, (Küveyt Vakıflar ve Din İşleri Bakanlığı tarafından yayımlanan Fıkıh Ansiklopedisi).
  • Komisyon, el-Fetâvâ’l-Hindiyye, Beyrut, ts.
  • Kurtubî, el-Câmi’ li Ahkâmi’l-Kur’ân, Mısır, 1987.
  • Mâlik b. Enes, el-Müdevvenetü’l-Kübrâ (İbnu’l-Kasım’dan Sehnun Rivâyeti), Beyrut, ts.
  • Mevsılî, el-İhtiyâr li Ta’lili’l-Muhtâr, İstanbul, ts.
  • Ömer Uteyn, Şeyh Muhammed, Hukuku’l-Mer’e fi’z-Zevâc, Kahire, ts.
  • Şirâzî, Mühezzeb fi Fıkhi’l-İmam Şafii, Tahkik, Vehbe Zuhayli, ts.
  • Şirbinî, Muğni’l-Muhtâc, Mısır,1958.