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{{Quote|{{Quran|2|187}}|Permitted to you, on the night of the fasts, is the approach to your wives. They are your garments and ye are their garments. Allah knoweth what ye used to do secretly among yourselves; but He turned to you and forgave you; so now associate with them, and seek what Allah Hath ordained for you, and eat and drink, until the white thread of dawn appear to you distinct from its black thread; then complete your fast Till the night appears; but do not associate with your wives while ye are in retreat in the mosques. Those are Limits (set by) Allah: Approach not nigh thereto. Thus doth Allah make clear His Signs to men: that they may learn self-restraint.}} | {{Quote|{{Quran|2|187}}|Permitted to you, on the night of the fasts, is the approach to your wives. They are your garments and ye are their garments. Allah knoweth what ye used to do secretly among yourselves; but He turned to you and forgave you; so now associate with them, and seek what Allah Hath ordained for you, and eat and drink, until the white thread of dawn appear to you distinct from its black thread; then complete your fast Till the night appears; but do not associate with your wives while ye are in retreat in the mosques. Those are Limits (set by) Allah: Approach not nigh thereto. Thus doth Allah make clear His Signs to men: that they may learn self-restraint.}} | ||
{{Quote|{{Quran|9|71}}|The believing men and believing women are allies of one another. They enjoin what is right and forbid what is wrong and establish prayer and give zakah and obey Allah and His Messenger. Those - Allah will have mercy upon them. Indeed, Allah is Exalted in Might and Wise.}}}} | |||
{{Quote|{{Al Tirmidhi||6|46|3895}}|Narrated 'Aishah: | {{Quote|{{Al Tirmidhi||6|46|3895}}|Narrated 'Aishah: | ||
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{{Main|Women in Islamic Law}}Women are legally disadvantaged by Islamic law in several domains of life. Particularly, women are disadvantaged in matters of sexual, domestic, legal, financial, sartorial, and physical autonomy. According to Islamic legal theory, while not all of Islamic law necessarily has a perceptibly rational basis, legal restrictions on women may be due to their supposed intellectual deficiency, which was pronounced by Muhammad according to Sahih Bukhari. | {{Main|Women in Islamic Law}}Women are legally disadvantaged by Islamic law in several domains of life. Particularly, women are disadvantaged in matters of sexual, domestic, legal, financial, sartorial, and physical autonomy. According to Islamic legal theory, while not all of Islamic law necessarily has a perceptibly rational basis, legal restrictions on women may be due to their supposed intellectual deficiency, which was pronounced by Muhammad according to Sahih Bukhari. | ||
===Genital Mutilation (FGM)=== | ===Genital Mutilation (FGM)=== | ||
Female genital mutilation (FGM) is obligatory in the Shafi'i madhab<ref>[https://www.answering-islam.org/Sharia/fem_circumcision.html Section on FGM in the standard manual of Shafi'i law]</ref> and encouraged by the remaining three madhabs, namely the Hanafi, Hanbali, and Maliki. Salafi scholars also encourage the practice. In universally conceiving of FGM as being either an obligatory or favorable practice, the schools of Islamic law agree that ''prohibiting'' FGM altogether would not be acceptable, as this would be tantamount to contravening God's laws and preferences. Views on the specific type of FGM required or permitted vary within and between the madhhabs. Some prominent modern Islamic scholars have dissented from the favorable consensus of the Islamic tradition and ruled it to be unlawful.{{Quote|''Reliance of the Traveler'' [''Umdat al-Salik''], Section e4.3 on Circumcision|'''Obligatory (on every male and female) is circumcision.''' (And it is the cutting-off of the skin [''qat' al-jaldah''] on the glans of the male member and, '''as for the circumcision of the female, that is the cutting-off of the ''badhar'' [''qat' al-badhar'', ''badhar'' or بَظْرٌ either means the clitoris or the prepuce of the clitoris; Lane says that the precise usage was confused at some point in history<ref>[http://lexicon.quranic-research.net/data/02_b/137_bZr.html Lane's Lexicon بَظْرٌ]</ref>]''' (and this is called ''khufad''))}}The Islamic legal tradition, while differing on its implementation, embraced FGM wholeheartedly, and, in the hadith literature, Muhammad is recorded as tacitly approving of the practice ({{Muslim|3|684|}}) , prescribing circumcision in general without specifying the requirements thereof per gender ({{Bukhari|7|72|777|}}), and commenting generically on its implementation ({{Abu Dawud|41|5251|}}). Nowhere is Muhammad recorded prohibiting the practice. | Female genital mutilation (FGM), while not mentioned in the Quran, is obligatory in the Shafi'i madhab<ref>[https://www.answering-islam.org/Sharia/fem_circumcision.html Section on FGM in the standard manual of Shafi'i law]</ref> and encouraged by the remaining three madhabs, namely the Hanafi, Hanbali, and Maliki. Salafi scholars also encourage the practice. In universally conceiving of FGM as being either an obligatory or favorable practice, the schools of Islamic law agree that ''prohibiting'' FGM altogether would not be acceptable, as this would be tantamount to contravening God's laws and preferences. Views on the specific type of FGM required or permitted vary within and between the madhhabs. Some prominent modern Islamic scholars have dissented from the favorable consensus of the Islamic tradition and ruled it to be unlawful.{{Quote|''Reliance of the Traveler'' [''Umdat al-Salik''], Section e4.3 on Circumcision|'''Obligatory (on every male and female) is circumcision.''' (And it is the cutting-off of the skin [''qat' al-jaldah''] on the glans of the male member and, '''as for the circumcision of the female, that is the cutting-off of the ''badhar'' [''qat' al-badhar'', ''badhar'' or بَظْرٌ either means the clitoris or the prepuce of the clitoris; Lane says that the precise usage was confused at some point in history<ref>[http://lexicon.quranic-research.net/data/02_b/137_bZr.html Lane's Lexicon بَظْرٌ]</ref>]''' (and this is called ''khufad''))}}The Islamic legal tradition, while differing on its implementation, embraced FGM wholeheartedly, and, in the hadith literature, Muhammad is recorded as tacitly approving of the practice ({{Muslim|3|684|}}) , prescribing circumcision in general without specifying the requirements thereof per gender ({{Bukhari|7|72|777|}}), and commenting generically on its implementation ({{Abu Dawud|41|5251|}}). Nowhere is Muhammad recorded prohibiting the practice. | ||
In 2012, the Muslim Brotherhood worked to decriminalize FGM. According to Mariz Tadros (a reporter),"the Muslim Brotherhood have offered to circumcise women for a nominal fee as part of their community services, a move that threatens to reverse decades of local struggle against the harmful practice [...] Many of the Brothers (and Salafis) argue that while it is not mandatory, it is nevertheless ''mukarama'' (preferable, pleasing in the eyes of God)."<ref>Tadros, Mariz (24 May 2012). "[https://www.opendemocracy.net/en/5050/mutilating-bodies-muslim-brotherhoods-gift-to-egyptian-women/ Mutilating bodies: the Muslim Brotherhood's gift to Egyptian women]". ''openDemocracy''</ref> | In 2012, the Muslim Brotherhood worked to decriminalize FGM. According to Mariz Tadros (a reporter),"the Muslim Brotherhood have offered to circumcise women for a nominal fee as part of their community services, a move that threatens to reverse decades of local struggle against the harmful practice [...] Many of the Brothers (and Salafis) argue that while it is not mandatory, it is nevertheless ''mukarama'' (preferable, pleasing in the eyes of God)."<ref>Tadros, Mariz (24 May 2012). "[https://www.opendemocracy.net/en/5050/mutilating-bodies-muslim-brotherhoods-gift-to-egyptian-women/ Mutilating bodies: the Muslim Brotherhood's gift to Egyptian women]". ''openDemocracy''</ref> | ||
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The major schools of Islamic jurisprudence were in agreement that a pre-pubescent child could be contracted in marriage by his or her father [[Forced Marriage|and without consent]]. They based this view variously on [[Muhammad]]'s marriage to [[Aisha]], the example of his [[Sahabah|companions]], and the Quran (particularly {{Quran|65|4}}). The Maliki and Shafi'i schools even allowed a father to forcibly contract his daughter in marriage who had already reached puberty if she was still a virgin, despite hadith evidence indicating otherwise. The family were to hand over the betrothed wife for consummation of the marriage when they determined that the girl was now able to endure intercourse without physical harm rather than this being tied to any particular age (though Ibn Hanbal specified the age of nine due to the example of Aisha's marital consummation with Muhammad). Some Quranic commentators interpreted the Quran such that only females who had reached puberty can be contracted in marriage, though most thought that marriage of minors was permitted. The Byzantines around this time allowed girls to be married from the age of thirteen and the Persian Sassanids allowed marital consummation from the age of twelve. | The major schools of Islamic jurisprudence were in agreement that a pre-pubescent child could be contracted in marriage by his or her father [[Forced Marriage|and without consent]]. They based this view variously on [[Muhammad]]'s marriage to [[Aisha]], the example of his [[Sahabah|companions]], and the Quran (particularly {{Quran|65|4}}). The Maliki and Shafi'i schools even allowed a father to forcibly contract his daughter in marriage who had already reached puberty if she was still a virgin, despite hadith evidence indicating otherwise. The family were to hand over the betrothed wife for consummation of the marriage when they determined that the girl was now able to endure intercourse without physical harm rather than this being tied to any particular age (though Ibn Hanbal specified the age of nine due to the example of Aisha's marital consummation with Muhammad). Some Quranic commentators interpreted the Quran such that only females who had reached puberty can be contracted in marriage, though most thought that marriage of minors was permitted. The Byzantines around this time allowed girls to be married from the age of thirteen and the Persian Sassanids allowed marital consummation from the age of twelve. | ||
Today, [[w:Marriageable_age|many modern Muslim countries]] have legislated to raise the minimum age of marriage, in many cases to the age of 16 or 18 for girls (though often with loopholes or with ineffective enforcement) and to prevent forced marriage, often in the face of opposition from Islamic scholars. Many Muslim campaign groups and charities have been involved in this process and continue to offer help to those at risk (see the article [[Forced Marriage]] which includes sources of help).<ref>For example [https://www.mwnuk.co.uk/Forced_Marriage_7_factsheets.php Muslim Women's Network UK] and [https://preventforcedmarriage.org/forced-marriage-overseas-pakistan/ Tahirih Justice Center Forced Marriage Initiative]</ref> In collaboration with activists, in 2019 the deputy Grand Imam of al-Azhar University in Cairo issued a fatwa calling for marriage based on mutual consent with a minimum age set as 18.<ref>[https://www.theguardian.com/global-development/2019/jun/21/senior-islamic-cleric-issues-fatwa-against-child-marriage Senior Islamic cleric issues fatwa against child marriage] - Guardian.com</ref> Unicef say that the prevalence of child marriages are decreasing globally but are nevertheless common (including among non-Muslim populations in some regions of the world). | Today, [[w:Marriageable_age|many modern Muslim countries]] have legislated to raise the minimum age of marriage, in many cases to the age of 16 or 18 for girls (though often with loopholes or with ineffective enforcement) and to prevent forced marriage, often in the face of opposition (though sometimes support) from Islamic scholars. Many Muslim campaign groups and charities have been involved in this reform process and continue to offer help to those at risk (see the article [[Forced Marriage]] which includes sources of help).<ref>For example [https://www.mwnuk.co.uk/Forced_Marriage_7_factsheets.php Muslim Women's Network UK] and [https://preventforcedmarriage.org/forced-marriage-overseas-pakistan/ Tahirih Justice Center Forced Marriage Initiative]</ref> In collaboration with activists, in 2019 the deputy Grand Imam of al-Azhar University in Cairo issued a fatwa calling for marriage based on mutual consent with a minimum age set as 18.<ref>[https://www.theguardian.com/global-development/2019/jun/21/senior-islamic-cleric-issues-fatwa-against-child-marriage Senior Islamic cleric issues fatwa against child marriage] - Guardian.com</ref> Unicef say that the prevalence of child marriages are decreasing globally but are nevertheless common (including among non-Muslim populations in some regions of the world). | ||
====Muhammad's encouragement to marry and fondle young virgins==== | ====Muhammad's encouragement to marry and fondle young virgins==== | ||
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{{Main|Sex Segregation in Islam}}In Islamic law, unrelated women and men are not allowed to be alone together, have any sort of physical contact, engage in frivolous conversation, look at one another for any reason other than momentarily for the purpose of identification, or pray such that a woman is located in front of or adjacent to any man (women must stand behind men in prayer). Muhammad's wives are instructed in the Quran to remain at home as much as possible and according to hadiths Muhammad did not permit women to travel on significant journeys except under the supervision of a male guardian or relative. Some medieval scholars forbade women to leave their homes at all without permission. Modernist scholars generally contest these interpretations using other hadiths and arguments. | {{Main|Sex Segregation in Islam}}In Islamic law, unrelated women and men are not allowed to be alone together, have any sort of physical contact, engage in frivolous conversation, look at one another for any reason other than momentarily for the purpose of identification, or pray such that a woman is located in front of or adjacent to any man (women must stand behind men in prayer). Muhammad's wives are instructed in the Quran to remain at home as much as possible and according to hadiths Muhammad did not permit women to travel on significant journeys except under the supervision of a male guardian or relative. Some medieval scholars forbade women to leave their homes at all without permission. Modernist scholars generally contest these interpretations using other hadiths and arguments. | ||
=== "Blood money" (diya) === | |||
{{Quote|1={{Quran|178-179}}|2=O you who have faith! Retribution is prescribed for you regarding the slain: freeman for freeman, slave for slave, and female for female. But if one is granted any extenuation by his brother, let the follow up [for the blood-money] be honourable, and let the payment to him be with kindness. That is a remission from your Lord and a mercy; and should anyone transgress after that, there shall be a painful punishment for him. There is life for you in retribution, O you who possess intellects! Maybe you will be Godwary!}}{{Quote|{{Muslim|43|4}}|Yahya related to me from Malik that Ibn Shihab and also Urwa ibn az-Zubayr said the same as Said ibn al-Musayyab said about a woman. Her blood-money from a man is the same up to a third of the blood-money of a man. If what she is owed exceeds a third of the blood-money of the man, she is given up to half of the blood-money of a man. | |||
Malik said, "The explanation of that is that she has blood-money for a head wound that lays bare the bone and one that splinters the bone and for what is less than the brain wound and the belly wound and the like of that of those which obliges a third of the blood-money or more. If the amount owed her exceeds that, her blood- money in that is half of the blood-money of a man."}} | |||
Women are classed as a separate category of people than men, as are slaves to free people, to take retribution on for murder.<ref>Lowry, Joseph E.. ''"[https://www.degruyter.com/document/doi/10.1515/asia-2023-0017/html?lang=en&srsltid=AfmBOopgJ7jZKaeahTy4etRPfjtYdhZMkRb9zLEi1AHJltXuAu8aYh-p Quranic Law and Its ‘Biblical’ Intertexts]" pp. 452–453.'' Asiatische Studien - Études Asiatiques, vol. 78, no. 3, 2024, pp. 431-467. <nowiki>https://doi.org/10.1515/asia-2023-0017</nowiki> ''The rules set forth at Q. 5:45 are fairly congruent with the tort legislation found at Q. 2:178–179 and Q. 4:92–93. In Sūrat al-Baqara (Q. 2) the Quran licenses retaliation (qiṣāṣ) against socially equivalent individuals (naming free persons, enslaved per�sons, and women) in cases of homicide (v. 178) and identifies deterrence as the policy behind such retaliation (v. 179). That passage refers only to victims of homicide in general (al-qatlà, slain persons) and does not deal with intent, though it would be reasonable to infer that the rules there refer only to intentional killing.<sup>58</sup> The passage in Sūrat al-Nisāʾ distinguishes between intent and mistake in cases of homicide when the victim is a believer, requiring, in the case of mistaken killing, the freeing of a believing slave as penance (or fasting if the perpetrator is too poor to own a slave) and the payment of a blood price (diya) to the victim’s kin, which they may waive (v. 92). The Quran does not, in these two passages, address battery, and it does not expressly address intentional killing beyond declaring that it leads to perdition and divine wrath (Q. 4:93)''.' ''All three passages share an important substantive element, which is the possi�bility of waiver of the claim for retaliation by the victim’s kin. In Sūrat al-Baqara (Q. 2), this idea is referred to relative to the perpetrator, using the verb “to pardon” (man ʿufiya la-hu, “whoever is pardoned,” v. 178). In Sūrat al-Nisāʾ (Q. 4) and Sūrat al�Māʾida (Q. 5) it is referred to relative to the claimants, using the verb meaning “to (charitably) waive” (illā an yaṣṣaddaqū, “unless they waive it,” Q. 4:92; man taṣad�daqa,“whoever waives it,” Q. 5:45). The biblical intertexts do not refer to waiver; that fact suggests that the possibility of waiver is part of quranic tort law and that the passage in Sūrat al-Māʾida should not be understood solely as a historical reference. The passage from Sūrat al-Māʾida also shares with that from Sūrat al-Baqara the idea of divine imposition of a law through scripture (prescription: kutiba, “it is/was prescribed”; katabnā, “We prescribe”) and the technical term qiṣāṣ (retaliation). The terminological and doctrinal similarities make it possible to read all three passages together to form a coherent legislative whole.59 They address intentional homicide (Q. 2:178–179; Q. 4:93; Q. 5:45), homicide by mistake (Q. 4:92), intentional wounding (Q. 5:45), and waiver of retaliation for intentional homicide and wounding (Q. 2:178; Q. 5:45). The only topic left unaddressed is unintentional wounding. Subtracting the verse from Sūrat al-Māʾida (Q. 5) form quranic tort law (i.e., reading it solely as a historical reference) would leave intentional wounding unaddressed.''</ref> Both classical<ref>[https://www.islamweb.net/en/fatwa/384850/a-woman%E2%80%99s-diyyah-is-half-of-that-of-the-man A Woman’s Diyyah is Half of That of the Man.] Islamnet.web fatwa. 2018</ref> (including all four Sunni schools of Islamic thought: Hanbali, Maliki, Hanafi, and Shafi'i)<ref name=":0">Syed Naeem Badshah, & Kifait Ullah Hamdani. (2016). ''The issue of "blood money" or recompense for loss of a life of female; A detailed analysis in the light of Quran, traditions and intellect: The issue of "blood money" or recompense for loss of a life of female; A detailed analysis in the light of Quran, traditions and intellect.'' Al-Azhār University, 2(01), 22–50. Retrieved from <nowiki>https://www.al-azhaar.org/index.php/alazhar/article/view/379</nowiki></ref> and modern (including Al-Azhar university)<ref>See: ''Ahmed ibn Naqib al-Misri, Reliance of the Traveller: A Classic Manual of Islamic Sacred Law, Nuh Ha Mim Keller, trans. (Beltsville, Maryland: Amana Publications, 1999), xx; o4.9. pp590.'' (Can be found in page 608/1251 of the free [https://archive.org/details/relianceofthetravellertheclassicmanualofislamicsacredlaw/page/n607/mode/2up?q=indemnity PDF on internetarchive]) a book on Islamic law which is certified by Al-Azhar University on page xx - xxi (page 16/1251 of PDF)</ref><ref name=":0" /> Islamic authorities have taken the value paid for murdered women to avoid retaliation to be half that of a murdered man. | |||
==Muhammad and Women== | ==Muhammad and Women== | ||