conflict with the hadith under discussion, or with reports of similar meaning, upon careful consideration. Reflect with me, for example, on this hadith of Ibn Abbas. It explicitly states that their giving in charity was in compliance with the Prophet’s command. Now, suppose that their husbands had not given them permission to give charity—indeed, suppose that they had forbidden them from doing so—and then the Prophet, may Allah’s peace and blessings be upon him, commanded them to give charity. Would anyone claim that their husbands’ prohibition takes precedence over his command, even though no such prohibition from their husbands existed?
The point is simply that the Prophet, may Allah’s peace and blessings be upon him, prohibited women from giving charity without their husbands’ permission. Thus, if he commands them to give charity on a particular occasion, there can be no doubt that this command then specifies their prohibition—even if it were assumed that the latter preceded the command, for which there is no evidence.
In truth, Ibn Hazm is excused for the view he adopted, since it is the fundamental principle indicated by the texts he cited. Had the hadith under discussion, and others of similar meaning, been authentic in his view, he would have hastened to act upon them, because they add a ruling to the principle just mentioned. But may Allah have mercy on him, he declared the hadith defective on the grounds that it was a disconnected written record.
This differs from the position of the majority of hadith scholars—foremost among them Imam Ahmad—who cite as evidence the written record of Amr ibn Shuayb, from his father, from his grandfather, and hold its chain to be connected. As for his response that, even if authentic, it would be abrogated, you have already known the answer to that. Moreover, how can the particular abrogate the general?
Furthermore, most advocates today who speak about women’s rights in Islam are either unaware of this hadith or deliberately ignore it. This is not because they regard the opposing position as stronger, but because that position accords with what the disbelievers follow. They wish to make Islam appear closer to them by claiming that it came with what agrees with them regarding a woman’s disposal of her property. Yet they know that this will not benefit them in the least, for they permit her to dispose not only of her own property: she may marry herself off, and may even take illicit lovers for herself!
Allah the Magnificent has spoken the truth when He says: “Never will the Jews or the Christians be pleased with you until you follow their religion.” (al-Baqarah 2:120)