Qur'an, Hadith and Scholars:Women: Difference between revisions

''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.⁵⁸ 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of waiver is part of quranic tort law and that the passage in Sūrat al-Māʾida should not be understood solely as a historical reference.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> 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.