6,632
edits
Women in Islamic Law: Difference between revisions
Jump to navigation
Jump to search
→Wife-beating
| [checked revision] | [checked revision] |
| Line 114: | Line 114: | ||
===Punishment=== | ===Punishment=== | ||
====Wife-beating==== | ====Wife-beating==== | ||
{{Main|Wife Beating in Islamic Law|Wife Beating in the Qur'an|Qur'an, Hadith and Scholars:Wife Beating}} | {{Main|Wife Beating in Islamic Law|Wife Beating in the Qur'an|Qur'an, Hadith and Scholars:Wife Beating}}[https://quranx.com/4.34 Quran 4:34] instructs Muslims men to, among other things, beat their wives if they fear disobedience from them. Muslim scholars agree on the permissibility of the practice but disagree on the conditions for and nature of the beating permitted. Some modernist Islamic scholars argue that the term "[[Wife Beating in Islam|and beat them]]" speaks only metaphorically. Some other scholars, including historically, have argued that it means only a simple strike, as with hitting them with a feather or toothpick. The Islamic tradition and scriptures militate against this rereading, which, as a result, has failed to achieve widespread purchase amongst Muslim scholars. | ||
Muhammad made attempts to limit the degree of violence, saying, "None of you should flog his wife as he flogs a slave and then have sexual intercourse with her in the last part of the day"<ref>{{Bukhari|7|62|132}}</ref>, but also declared "A man should not be asked why he beats his wife."<ref>{{Ibn Majah||3|9|1986}} (graded Hasan)</ref> Hadiths report that Muhammad hit Aisha<ref>{{Quote|{{Muslim|4|2127}}|...He (Muhammad b. Qais) then reported that it was 'A'isha who had narrated this: Should I not narrate to you about myself and about the Messenger of Allah (may peace be upon him)? We said: Yes. ... he (the Holy Prophet) entered the (house), and said: Why is it, O 'A'isha, that you are out of breath? I said: There is nothing. He said: Tell me or the Subtle and the Aware would inform me. I said: Messenger of Allah, may my father and mother be ransom for you, and then I told him (the whole story). He said: Was it the darkness (of your shadow) that I saw in front of me? I said: Yes. ''He struck me on the chest which caused me pain'', and then said: Did you think that Allah and His Apostle would deal unjustly with you?}}</ref>, who is herself reported to have said, "I have not seen any woman suffering as much as the believing women. Look! Her skin is greener than her clothes!"<ref>"...''so when Allah's Apostle came, 'Aisha said, "I have not seen any woman suffering as much as the believing women. Look! Her skin is greener than her clothes!"...''" - {{Bukhari|7|72|715}}</ref>{{Quote|{{Quran|4|34}}|Men are overseers over women, by reason of that wherewith Allah hath made one of them excel over another, and by reason of that which they expend of their substance. Wherefore righteous women are obedient, and are watchers in husbands absence by the aid and protection of Allah. And those wives whose refractoriness ye fear, exhort them, and avoid them in beds, and beat them; but if they obey you, seek not a way against them; verily Allah is ever Lofty, Grand.}}One of the earliest and arguably most important biographies on Muhammad's life, that of Ibn Ishaq, records the following: | Muhammad made attempts to limit the degree of violence, saying, "None of you should flog his wife as he flogs a slave and then have sexual intercourse with her in the last part of the day"<ref>{{Bukhari|7|62|132}}</ref>, but also declared "A man should not be asked why he beats his wife."<ref>{{Ibn Majah||3|9|1986}} (graded Hasan)</ref> Hadiths report that Muhammad hit Aisha<ref>{{Quote|{{Muslim|4|2127}}|...He (Muhammad b. Qais) then reported that it was 'A'isha who had narrated this: Should I not narrate to you about myself and about the Messenger of Allah (may peace be upon him)? We said: Yes. ... he (the Holy Prophet) entered the (house), and said: Why is it, O 'A'isha, that you are out of breath? I said: There is nothing. He said: Tell me or the Subtle and the Aware would inform me. I said: Messenger of Allah, may my father and mother be ransom for you, and then I told him (the whole story). He said: Was it the darkness (of your shadow) that I saw in front of me? I said: Yes. ''He struck me on the chest which caused me pain'', and then said: Did you think that Allah and His Apostle would deal unjustly with you?}}</ref>, who is herself reported to have said, "I have not seen any woman suffering as much as the believing women. Look! Her skin is greener than her clothes!"<ref>"...''so when Allah's Apostle came, 'Aisha said, "I have not seen any woman suffering as much as the believing women. Look! Her skin is greener than her clothes!"...''" - {{Bukhari|7|72|715}}</ref>{{Quote|{{Quran|4|34}}|Men are overseers over women, by reason of that wherewith Allah hath made one of them excel over another, and by reason of that which they expend of their substance. Wherefore righteous women are obedient, and are watchers in husbands absence by the aid and protection of Allah. And those wives whose refractoriness ye fear, exhort them, and avoid them in beds, and beat them; but if they obey you, seek not a way against them; verily Allah is ever Lofty, Grand.}}One of the earliest and arguably most important biographies on Muhammad's life, that of Ibn Ishaq, records the following: | ||
| Line 189: | Line 189: | ||
====Permissibility of raping captives and slaves==== | ====Permissibility of raping captives and slaves==== | ||
{{Main|Rape in Islamic Law|Qur'an, Hadith and Scholars:Rape|Qur'an, Hadith and Scholars:Al-'Azl}} | {{Main|Rape in Islamic Law|Qur'an, Hadith and Scholars:Rape|Qur'an, Hadith and Scholars:Al-'Azl}}Rape, known in [[Islamic law]] as ''zina bil-ikrah'' or ''zina bil-jabr'' (literally "[[Zina|fornication]] by force"), is generally defined by Muslim jurists as forced intercourse by a man with a [[Islam and Women|woman]] who is not his wife or [[Slavery|slave]] and without her consent. As with enslaved females, according to Islamic law, married women are required to oblige their husbands sexual advances - raping one's wife is permissible.<ref>{{Cite journal|first=Muh Endriyo |last=Susila | year= 2013 |url=https://journal.umy.ac.id/index.php/jmh/article/download/271/234| title=Islamic Perspective on Marital Rape |issue=2|volume=20|publisher=Jurnal Media Hukum, p.328}}</ref> The concept of "rape" is thus deemed to be equally non-existent in the contexts of both marriage and slavery. | ||
A small number of hadiths are cited to support the Islamic punishments for rape. These narrations relate to the rape of free women and of female slaves who are not owned by the perpetrator. However, the Qur'an, on numerous occasions, permits Muslim men to have sexual relations with their own female slaves (famously referred to as "what your right hand possesses"), often in conjunction with the commandment for men to keep otherwise chaste. In addition, there are narrations in which female captives were raped prior to being ransomed back to their tribe.{{Quote|1={{Bukhari|3|34|432}}|2=Narrated Abu Said Al-Khudri: that while he was sitting with Allah's Apostle he said, "O Allah's Apostle! '''We get female captives as our share of booty, and we are interested in their prices, what is your opinion about coitus interruptus'''?" The Prophet said, "Do you really do that? It is better for you not to do it. No soul that which Allah has destined to exist, but will surely come into existence."}} | |||
==== Prohibition on male sexual slavery ==== | ====Prohibition on male sexual slavery==== | ||
In his exegesis of the Qur'an, Abul A'la Maududi explains that women are not allowed to have sex with male slaves and captives. | In his exegesis of the Qur'an, Abul A'la Maududi explains how and why the Islamic tradition holds that women are not allowed to have sex with male slaves and captives. | ||
{{Quote|[[w:Abul A'la Maududi|Abul A'la Maududi]]. [http://www.englishtafsir.com/Quran/23/index.html Tafhim al-Qur'an - The Meaning of the Qur'an 23:1-7]. Archived at [http://www.webcitation.org/6mJ45IZ0w]. |"Most certainly those Believers have attained true success who perform their Salat with humility: who refrain from vain things. who spend their Zakat dues in appropriate ways. who guard their private parts scrupulously. except with regard to their wives and those women who are legally in their possession, for in that case they shall not be blame-worthy. but those who go beyond this (in lust for sexual desires), shall be transgressors" [...] <br> | {{Quote|[[w:Abul A'la Maududi|Abul A'la Maududi]]. [http://www.englishtafsir.com/Quran/23/index.html Tafhim al-Qur'an - The Meaning of the Qur'an 23:1-7]. Archived at [http://www.webcitation.org/6mJ45IZ0w]. |"Most certainly those Believers have attained true success who perform their Salat with humility: who refrain from vain things. who spend their Zakat dues in appropriate ways. who guard their private parts scrupulously. except with regard to their wives and those women who are legally in their possession, for in that case they shall not be blame-worthy. but those who go beyond this (in lust for sexual desires), shall be transgressors" [...] <br> | ||
| Line 201: | Line 200: | ||
The law prescribed in the parenthesis is only applicable to men as is clear from the Text. A woman in the time of Hadrat `Umar did not understand this fine point of the language and indulged in sexual gratification with her slave. When her case was brought before the consultative body of the Companions, they gave the unanimous decision: "She misinterpreted the Book of Allah.".... The wisdom of why '''the slave has been forbidden to the woman''' is that he can only satisfy her sexual desire but cannot become guardian and governor of herself and her household, which leaves a serious flaw in the family life.}} | The law prescribed in the parenthesis is only applicable to men as is clear from the Text. A woman in the time of Hadrat `Umar did not understand this fine point of the language and indulged in sexual gratification with her slave. When her case was brought before the consultative body of the Companions, they gave the unanimous decision: "She misinterpreted the Book of Allah.".... The wisdom of why '''the slave has been forbidden to the woman''' is that he can only satisfy her sexual desire but cannot become guardian and governor of herself and her household, which leaves a serious flaw in the family life.}} | ||
==Attire== | ==Attire== | ||
===Hijab=== | ===Hijab=== | ||