Exceptional Arrangements for Emigrant Muslim Women

It is common for flaws to be left undetected in agreements, which later on become the result of significant outcomes. Likewise, even in the Treaty of Ḥudaibiyyah, a deficiency went undetected, as although the return of Muslim men was clearly stipulated, there was no mention of such women from the people of Makkah, who would accept Islām and join the Muslims. However, shortly thereafter, such circumstances began to reveal themselves as made this flaw evident to the people of Makkah. Only a short time had passed in the settlement of this agreement, when some Muslim women managed to escape the hands of the infidels and reach Madīnah. Among them, the first was a daughter of a dead idolater, the chieftain ‘Uqbah bin Abī Mu‘īṭ named Ummi Kulthūm. From her mother’s side, she was also the sister of Ḥaḍrat ‘Uthmān bin ‘Affān. Exhibiting commendable courage, Ummi Kulthūm reached Madīnah by foot,1 and presenting herself before the Holy Prophet(sa) expressed her acceptance of Islām. However, two of her close relatives also followed behind to capture her and demanded her return. These people claimed that although the word ‘man’ has been used in the treaty, in actuality, the agreement was general and effected both men and women equally. However, in addition to the words of the treaty, Ummi Kulthūm contended for an exception in the case of women because a woman belongs to a weaker gender. Moreover, in comparison to men, she holds a subordinate position to men, so for this reason to return her, would be equivalent to tossing her into the mouth of spiritual death and thus depriving her of Islām.2 Therefore, to consider women exempt from this stipulated agreement was not only in complete accordance with this agreement, but logically speaking, it was closer to justice and necessary. For this reason, naturally and equitably, the Holy Prophet(sa) gave a verdict in favour of Ummi Kulthūm and sent her relatives back. Furthermore, God the Exalted also supported this decision. Consequently, during these days, the Qur’ānic verse was revealed that, “When believing women come to you as refugees, examine them, and if they prove to be virtuous and sincere, send them not back to the disbelievers but if they are married women, return to their disbelieving husbands their dowries.”3 Thereafter, whenever a woman would leave Makkah and arrive in Madīnah, she would be thoroughly examined and her intention and sincerity would be thoroughly assessed. Then, as for those women who proved to be well intentioned and sincere and there was no materialistic or personal purpose behind their migration, they would be kept in Madīnah. However, as for those women who were married, their dowries were paid to their husbands and after that they were free to marry amongst the Muslims.4