Violation of the rights of women and children in the Ashura incident

Introduction
Perhaps one who studies the history of humanity and what has happened to it since its inception until the present day of people will not find much difficulty in looking at the many, many black pages tinged with the smell of blood, in this ancient history, which is full of harsh attitudes that reveal the hardness of the hearts of many human beings, which is only... His Creator, the Almighty, created him on Earth for the purpose of populating it, establishing God Almighty’s government over it, and extending security and justice throughout it.

But behind that harsh face of humanity, which is full of conflicts and disputes, there is hidden the other face that represents passion, tenderness, innocence, and serenity, and of which women and children are its main pillars.

What is observed in the nature of women is “the sensitivity of emotions, the speed of reaction, and the intensity of tenderness. These qualities were created in women so that they can perform their primary function, which is: motherhood and nurturing” [1]. Women are the source of tenderness and emotion, and they are a contributing factor in preserving the human race. Therefore, positive interaction with women and taking care of them was completely in accordance with human nature, and anything other than that was a departure from it and within the limits of bestiality.

As for childhood; It is the other bright corner of humanity's hidden face. With its softness and innocence, it represents the innate simplicity of man with which he was born. Therefore, injustice and cruelty to the child is considered one of the ugliest forms of human rights violations, as the child is an extremely weak being, so abusing him is an insult to all human values. Therefore, female infanticide was a reprehensible and ugly matter that some tribes resorted to in pre-Islamic times in order to get rid - in their mistaken opinion - of the possibility of captivity and shame.
The purpose of this introduction - and the research as a whole - is to record cases of violation of the rights of women and children in the Ashura incident, in particular the children of Hussein, peace be upon him, and the children of his family and companions, and to attempt to shed light on what happened in that epic that changed the face of history, and to prove that everything that the camp did Being hostile to Imam Hussein, peace be upon him, was something that went beyond the limits of human nature, and was classified among the actions of predatory lions and wild beasts. In fact, it was perhaps many orders of magnitude worse than that, as is well known.

Therefore, we focus our research on two axes:
The First Axis: The Status of Women and Children and Their Rights
The First Topic: The Status of Women and Children Among Pre-Islamic Arabs

1. The Status of Women Among Pre-Islamic Arabs
The status of women among pre-Islamic Arabs varied significantly. One perspective romanticizes women as subjects of poetic admiration and reverence. Poets often began their poems by describing women's virtues, reflecting a certain level of social prominence and freedom in choosing a husband. This view suggests that Arab men were deeply protective of their women, sometimes avenging any insult to their dignity [2]. However, this view may not represent the entire spectrum of women's experiences in pre-Islamic society.

Another perspective highlights the negative treatment of women, supported by Qur’anic and historical texts. Practices such as female infanticide and treating women as property, to be inherited or married off without their consent, were common. The Qur'an references the custom of female infanticide and the negative reactions of many upon the birth of a daughter [3]. Women were often denied inheritance and considered as part of the estate to be distributed among male heirs.

Despite these harsh realities, women in pre-Islamic Arab society were also seen as embodiments of honor and sanctity. Protective customs, such as veiling, were prevalent, and some tribes revered women to the extent of releasing captives out of fear of disgrace [4]. The poetry and literature of the time often reflected these complex attitudes towards women [5] [6].

2. The Status of the Child Among Pre-Islamic Arabs
Children, particularly boys, were highly valued in pre-Islamic Arab society. Childhood was seen as a source of pride and a symbol of the future. Arabs surrounded their children with a state of holiness and created many rituals to protect them [7]. Despite the harshness of their environment, Arabs exhibited compassion and affection towards children, recognizing them as the future bearers of their lineage and honor [8].
Childhood was associated with innocence and purity. The pre-Islamic Arabs viewed children as the men and women of tomorrow, essential for the continuity and survival of their tribes [9]. This reverence for children is evident in various cultural practices, such as exchanging the upbringing of children as a symbol of peace and alliance after conflicts [10].

However, the practice of female infanticide, rooted in the fear of shame or economic burden, presents a stark contrast to the otherwise protective attitude towards children. This practice was condemned and abolished with the advent of Islam, which emphasized the sanctity of life and the importance of caring for all children, regardless of gender [11] [12] [13].

The Second Axis: The Rights of Women and Children During War from the Perspective of Islam
The Ashura incident occurred in the early years of Islam, when the party hostile to Imam Hussein, peace be upon him, claimed to be acting under the banner of Islam. To understand the severity of the violations committed by this hostile camp, it is crucial to compare their actions with the rights guaranteed by Islam to women and children during times of war.

1. Women’s Rights During War from the Perspective of Islam
Islamic teachings emphasize the protection and care of women, particularly during war. The Islamic legislator guaranteed women several rights, including the right to life, protection from harm, and respect for their dignity. Even women from the enemy side were not to be killed or harmed. The Prophet Muhammad, peace be upon him and his family, forbade killing women and children in war, highlighting the importance of protecting them [14].

Women’s right to life is paramount. It is not permissible to kill a woman or infringe upon her right to life, even if she is from the enemy. Numerous narrations from the Prophet Muhammad, peace be upon him and his family, emphasize this prohibition [15] [16]. This protection extends to non-combatant women and children, ensuring their safety and dignity during conflicts [17] [18].

Furthermore, women have the right to be free from harm. This includes protection from physical harm, intimidation, and any form of abuse. The teachings of the Prophet Muhammad, peace be upon him and his family, and his successors emphasize the importance of treating women with respect and compassion, even in times of war. Intimidation, terrorizing, or causing fear to women is strictly prohibited [19] [20] [21] [22] [23].

2. Children’s Rights During War from the Perspective of Islam
The Islamic legislator also forbids the killing and harming of children during war. Children, even those of infidels, are to be protected, and their rights upheld. Islam considers terrorizing and frightening children as severe injustices, emphasizing their need for care and protection [24] [25].
Children's right to life is explicitly protected in Islamic teachings. The Prophet Muhammad, peace be upon him and his family, forbade the killing of children, emphasizing their innocence and vulnerability [26]. The rights of children extend beyond the battlefield, encompassing their need for care, compassion, and protection from any form of harm or terror [27] [28].

Islamic teachings also prohibit separating children from their mothers, even in times of war. This principle underscores the importance of maintaining family unity and protecting the emotional well-being of children. The emphasis on compassion and care for children reflects the broader Islamic commitment to justice and mercy [29] [30] [31] [32] [33].

The Third Axis: The Rights of Women and Children During Wars from the Perspective of International Organizations
Modern international organizations uphold principles that align with the timeless, rational judgments rooted in human nature and emphasized by Islamic teachings. These principles, enshrined in international humanitarian law, emphasize the protection of civilians, prohibition of torture, respect for personal dignity, and prohibition of indiscriminate attacks and reprisals.

1. The Rights of Women and Children as Civilians
Women and children in war are considered civilians and are protected under international humanitarian law. The principles of the Hague Law and the Geneva Conventions emphasize the distinction between civilians and combatants, prohibiting attacks on civilians and ensuring their protection [34].

The Geneva Conventions and their Additional Protocols provide comprehensive protections for civilians, including women and children. These protections include the prohibition of attacks on life and physical integrity, the prohibition of taking hostages, respect for personal dignity, and the prohibition of torture and inhumane treatment [35].

2. The Rights of Women and Children as Vulnerable Groups
Several international documents and laws explicitly protect the rights of women and children, recognizing their vulnerability during conflicts. The United Nations General Assembly's resolution on the protection of women and children in emergencies and armed conflicts, along with other international conventions, underscores the need to protect these groups from the scourge of war [36] [37] [38] [39] [40] [41].

These international protections align with Islamic principles, emphasizing the sanctity of life, the importance of compassion, and the need to protect the vulnerable. By highlighting these protections, we aim to demonstrate that the violations committed during the Ashura incident were not only against Islamic teachings but also against the universal principles of human rights.

Conclusion
The tragic events of Ashura, particularly the violations against women and children, highlight a profound departure from both Islamic teachings and universal principles of human rights. By examining the status and rights of women and children in pre-Islamic Arab society, under Islamic law, and from the perspective of international organizations, we can better understand the severity and inhumanity of the actions committed against Imam Hussein, peace be upon him, and his followers.

This research aims to shed light on these atrocities, emphasizing the need for compassion, justice, and protection of the vulnerable in all circumstances. The lessons from Ashura serve as a timeless reminder of the importance of upholding human dignity and standing against injustice, inspiring future generations to strive for a more just and compassionate world.

References:

1. Al-Shalabi, Ahmed, Comparative Religions: p. 222.

2. Qais Hatem Hani, An Islamic View on the Economic Conditions of Arab Women Before Islam: pp. 1-2. This is also the opinion of researcher Muhammad Farroukh in his book The History of Arabic Literature.

3. An-Nahl: Verse 58.

4. Some researchers suggested that the origin of the hijab was taken by the Arabs from the people of the Hanafi religions at the time, and it agreed with their own desires and Arab jealousy, so they obliged women to wear it, as the hijab is something agreed upon among the people of the religions. See: Al-Amili, Jaafar Murtada, Al-Sahih from the Biography of the Greatest Prophet: vol. 14, p. 155.

5. By the poet Al-Shanfari, who died in 510 AD.

6. Al-Subki, Abd al-Wahhab, The Great Shafi’i Classes: Part 1, p. 248.

7. Al-Bayati, Adel, Childhood and its Changing Scenes in Heritage and Literature, Arab Horizons Magazine: Issue 4, 1979 AD.

8. Shehadeh, Ruba, The Image of the Child in Pre-Islamic Poetry, Master’s Thesis: p. 20.

9. Previous source.

10. Ibn Qutaybah al-Dinawari, Abdullah bin Muslim, Uyun al-Akhbar: vol. 3, p. 109.

11. Ibn Manzur, Muhammad bin Makram, Lisan al-Arab: vol. 11, p. 402.

12. Al-Mustafawi, Hassan, Investigation into the Words of the Holy Qur’an: Vol. 7, p. 93.

13. Previous source.

14. Al-Kulayni, Muhammad bin Yaqoub, Al-Kafi: vol. 7, p. 52.

15. Dar al-Harb: It is the land of infidel warriors, corresponding to Dar al-Islam. See: Fathallah, Ahmad, Dictionary of the Terms of Jaafari Jurisprudence: p. 186.

16. Al-Kulayni, Muhammad bin Yaqoub, Al-Kafi: vol. 5, p. 28.

17. Al-Hurr Al-Ameli, Muhammad bin Al-Hasan, Wasa’il Al-Shi’a: Vol. 15, p. 58.

18. Allama Al-Hilli, Al-Hasan bin Yusuf, Tadhkirat Al-Fuqaha’: Vol. 9, p. 64.

19. Al-Baqarah: verse 190.

20. Al-Tabatabai, Muhammad Hussein, Tafsir Al-Mizan: Part 2, p. 60.

21. Al-Khoei, Abu Al-Qasim, Minhaj Al-Salehin: Vol. 1, p. 371.

22. Al-Muhaqqiq Al-Hilli, Jaafar bin Al-Hasan, Laws of Islam: Vol. 1, p. 257.

23. The oppressors are: the armed men who revolted against the legitimate imam of their time, transgressed against him, and fought him unjustly and aggressively.

24. Ibn Manzur said: “A thing becomes agitated, agitated, agitated, agitated, agitated... it erupts due to hardship or harm... and agitation means war... because it is a source of anger.” Lisan al-Arab: vol. 2, pp. 394-395.

25. Muhammad Abdo, one of the commentators on Nahj al-Balagha, said regarding this paragraph: “This is the ruling of Islamic law, not what its ignorant people imagine that it permits attacking the honor of enemies. We seek refuge in God.”

26. Al-Hurr Al-Ameli, Muhammad bin Al-Hasan, Wasa’il Al-Shi’a, vol. 15, p. 95.

27. Al-Hashemi, Habibullah, Minhaj al-Bara’ah fi Sharh Nahj al-Balagha: vol. 18, p. 116.

28. Al-Majlisi, Muhammad Baqir, Bihar Al-Anwar: vol. 19, p. 351. Al-Baladhuri, Ahmed, Ansab al-Ashraf: Part 1, p. 397.

29. See: Al-Hurr Al-Ameli, Muhammad bin Al-Hasan, Wasa’il Al-Shi’a: vol. 29, p. 267. Al-Bayhaqi, Ahmad bin Al-Hussein, Al-Sunan Al-Kubra: vol. 6, p. 123. Ibn Qudamah, Abdullah bin Ahmed, Al-Mughni: vol. 12, p. 149.

30. Al-Saduq, Muhammad bin Ali, Uyun Akhbar Al-Rida: Part 2, p. 75.

31. Al-Hurr Al-Ameli, Muhammad bin Al-Hasan, Wasa’il Al-Shi’a: Vol. 17, p. 209.

32. Ibn Hanbal, Ahmad, Musnad Ahmad Ibn Hanbal: vol. 2, p. 256.

33. Ibn Ishaq al-Muttalabi, Muhammad, Biography of Ibn Ishaq al-Sir and al-Maghazi: p. 246.

34. He is Sufyan bin Awf Al-Ghamdi, one of Muawiyah’s companions and his commander.

35. That is: the dhimmi Christian woman who lives under the shadow and protection of the Islamic state.

36. The heart: the bracelet.

37. Al-Rath: the earring.

38. Retrieval: Either saying: To Allah we belong and to Him we shall return, or it is: repeating the voice with weeping and wailing. Istiṣṭāḥ: an appeal to mercy.

39. Word: wound.

40. Muhammad Abdo, Explanation of Nahj al-Balagha: Part 1, p. 68.

41. Al-Muntazeri, Hussein Ali, The System of Government in Islam: p. 578.

42. Al-Ansari, Muhammad Ali, The Easy Encyclopedia of Jurisprudence: Part 2, p. 166.

43. ​​Al-Ghurra: Its meaning here is a male or female slave; That is: for every miscarried fetus, a male or female slave is given as property of the affected person.

44. Al-Milgha: The vessel from which a dog drinks.

45. Habla: the fallen fetus of their livestock and animals.

46. Al-Saduq, Muhammad bin Ali, Al-Amali: p. 237, and it was narrated that the Prophet, peace and blessings of God be upon him and his family, was innocent of the actions of Khalid bin Al-Walid in Sahih Al-Bukhari: vol. 8, p. 118.

47. Ibn Shahr Ashub, Muhammad bin Ali, Manaqib Al Abi Talib: vol. 1, p. 391.

48. Al-Amili, Jaafar Murtada, Al-Sahih from the biography of Imam Ali, peace be upon him: vol. 6, p. 23.

49. Al-Haythami, Ali bin Abi Bakr, Majma’ al-Zawa’id: vol. 6, p. 253.

50. See: Al-Tusi, Muhammad bin Al-Hasan, Kitab Al-Khalaf: vol. 5, p. 531.

51. See: Allama Al-Hilli, Yusuf bin Al-Mutahhar, Tadhkirat Al-Fuqaha’: Vol. 9, p. 172. Al-Jawahiri, Muhammad Hassan, Jawahir al-Kalam: vol. 24, p. 221.

52. Ibn Hanbal, Ahmad, Musnad Ahmad Ibn Hanbal: vol. 5, p. 413.

53. Al-Shams: verse 7-8.

54. Al-Balad: Verse 8-10.

55. Muhammad Abdo, Explanation of Nahj al-Balagha: Part 1, p. 23.

56. Al-Subhani, Jaafar, In the Shadows of Monotheism: pp. 231-233.

57. Civilians: non-combatants, including women, children, farmers, and others. See: Al-Zuhayli, Wahba, International Relations in Islam: p. 66.

58. Judge Jamal Shahloul, International Humanitarian Law: p. 5, website: www.ao.academy.org.

59. Previous source: pp. 6-7.

60. Human Rights, Collection of International Instruments, Volume I, United Nations, New York, 1993.

61. Red Cross Information Center website.

62. Human Rights, Compilation of International Instruments, Volume I, United Nations, New York 1993.

63. Previous source.

64. Previous source.

65. Previous source

66. Universal Declaration of the Rights of the Child, Resolution No. 1386 issued by the United Nations General Assembly. Knowing that this declaration did not have a legal framework binding on member states.

67. The Convention on the Rights of the Child issued by the United Nations General Assembly in 1989. Note that it is the legal framework binding on member states.