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Qur'an, Hadith and Scholars:Women: Difference between revisions
→A Woman's witness and inheritance is half that of men: Have added a section on women's blood money compensation for murder being half that of a man's
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{{Quote|{{Muslim|1|142}}|O womenfolk, you should ask for forgiveness for I saw you in bulk amongst the dwellers of Hell. A wise lady said: Why is it, Allah’s Apostle, that women comprise the bulk of the inhabitants of Hell? The Prophet observed: ‘You curse too much and are ungrateful to your spouses. You lack common sense, fail in religion and rob the wisdom of the wise.’ Upon this the woman remarked: What is wrong with our common sense? The Prophet replied, ‘Your lack of common sense can be determined from the fact that the evidence of '''two women is equal to one man'''. That is a proof.}} | {{Quote|{{Muslim|1|142}}|O womenfolk, you should ask for forgiveness for I saw you in bulk amongst the dwellers of Hell. A wise lady said: Why is it, Allah’s Apostle, that women comprise the bulk of the inhabitants of Hell? The Prophet observed: ‘You curse too much and are ungrateful to your spouses. You lack common sense, fail in religion and rob the wisdom of the wise.’ Upon this the woman remarked: What is wrong with our common sense? The Prophet replied, ‘Your lack of common sense can be determined from the fact that the evidence of '''two women is equal to one man'''. That is a proof.}} | ||
==== The amount of "blood money" (diya) for a murdered women is worth half that of a man ==== | |||
{{Quote|{{Quran|178-179}}|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 separate category than men, alongside 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.<sup>59</sup> 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> and modern (including the Al-Azhar University)<ref>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> Islamic authorities have taken the value paid for murdered women to avoid retaliation to be half that of a murdered man. | |||
====Women will Never be Fulfil her Husband's Rights Over Her==== | ====Women will Never be Fulfil her Husband's Rights Over Her==== | ||