2,743
edits
Islam and Women: Difference between revisions
Jump to navigation
Jump to search
no edit summary
| [checked revision] | [checked revision] |
Lightyears (talk | contribs) (Mentioned Kecia Ali's work in the intro) |
Lightyears (talk | contribs) No edit summary |
||
| (13 intermediate revisions by the same user not shown) | |||
| Line 1: | Line 1: | ||
{{QualityScore|Lead= | {{QualityScore|Lead=4|Structure=4|Content=3|Language=4|References=3}}Islamic scriptures generally employ the masculine pronoun in Arabic, which is used to refer to both men and women. On occasion, the scriptures diverge from this standard, inclusive usage, and comment specifically on men or women. The perspective taken by Islamic scriptures on women is of special interest in recent times due to frequent collision with modern values. | ||
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 a hadith collected in Sahih Bukhari. | 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 a hadith collected in Sahih Bukhari. | ||
| Line 5: | Line 5: | ||
It should also be noted that whereas the patriarchal arrangements of early Islamic society hardly deserve indictment, given their historical situation and the fact that they were in a limited sense an improvement upon pre-Islamic gender norms, the same can, perhaps, not be said about the perpetual enshrinement of those patriarchal norms - however much an improvement in 7th century Arabia - as took place in the ideas of Islamic law that finally emerged. | It should also be noted that whereas the patriarchal arrangements of early Islamic society hardly deserve indictment, given their historical situation and the fact that they were in a limited sense an improvement upon pre-Islamic gender norms, the same can, perhaps, not be said about the perpetual enshrinement of those patriarchal norms - however much an improvement in 7th century Arabia - as took place in the ideas of Islamic law that finally emerged. | ||
The writings of Professor [[w:Kecia Ali|Kecia Ali]] are renowned regarding the historical and modern Islamic approaches to women. Before her, ''Women and Gender in Islam'' by Leila Ahmed was also regarded as a seminal book on the subject. Ali's book ''Sexual Ethics and Islam'' is particularly wide-ranging.<ref>Kecia Ali,''Sexual Ethics and Islam'', England: Oneworld Publications, 2006</ref> She argues that the Quran is androcentric in terms of almost always addressing men and privileging male sexual agency.<ref>Ibid. pp. 131-132</ref> Ali also notes in her book the "very real dissonance between the cultural assumptions undergirding the classical edifices of jurisprudence and exegesis and the modern notions influencing Muslim intellectuals and ordinary people everwhere".<ref>Ibid. Introduction p. xxvii</ref> Throughout the book she critiques feminist and modernist interpretations, as well as apologetics that side step difficult issues. She also criticises some aggressively patriarchal and indeed misogynist interpretations. While warning against blind optimism on the prospects for transformation, she suggests the importance of rejecting medieval interpretations and not taking the Quran and hadiths as a repository of regulations to be applied at all times and places.<ref>Ibid. pp. 153-157</ref> | The writings of Professor [[w:Kecia Ali|Kecia Ali]] are renowned regarding the historical and modern Islamic approaches to women. Before her, ''Women and Gender in Islam'' by Leila Ahmed was also regarded as a seminal book on the subject. Ali's book ''Sexual Ethics and Islam'' is particularly wide-ranging.<ref>Kecia Ali,''Sexual Ethics and Islam'', England: Oneworld Publications, 2006</ref> She argues that the Quran is androcentric in terms of almost always addressing men and privileging male sexual agency.<ref>Ibid. pp. 131-132</ref> Ali also notes in her book the "very real dissonance between the cultural assumptions undergirding the classical edifices of jurisprudence and exegesis and the modern notions influencing Muslim intellectuals and ordinary people everwhere".<ref>Ibid. Introduction p. xxvii</ref> Throughout the book she critiques feminist and modernist interpretations while noting where they may have merit, as well as apologetics that misquote, mistranslate, or side step difficult issues. She also criticises some aggressively patriarchal and indeed misogynist interpretations. While warning against blind optimism on the prospects for transformation, she suggests the importance of rejecting medieval interpretations and not taking the Quran and hadiths as a repository of regulations to be applied at all times and places.<ref>Ibid. pp. 153-157</ref> | ||
== | ==Verses addressed to women== | ||
Hadiths record a tradition that Umm Salamah prompted a couple of Quran verses directly addressing or about women. | Hadiths record a tradition that Umm Salamah prompted a couple of Quran verses directly addressing or about women. | ||
{{Quote|{{Al Tirmidhi||5|44|3211}}|Narrated Umm 'Umarah Al-Ansariyyah: | {{Quote|{{Al Tirmidhi||5|44|3211}}|Narrated Umm 'Umarah Al-Ansariyyah: | ||
that she came to the Prophet (ﷺ) and said: "I do not see | that she came to the Prophet (ﷺ) and said: "I do not see but that everything is for the men, and I do not see anything being mentioned for the women." So this Ayah was revealed: 'Indeed the Muslim men and the Muslim women, the believing men and the believing women... (33:35)'}} | ||
{{Quote|{{Quran|33|35}}|For Muslim men and women,- for believing men and women, for devout men and women, for true men and women, for men and women who are patient and constant, for men and women who humble themselves, for men and women who give in Charity, for men and women who fast (and deny themselves), for men and women who guard their chastity, and for men and women who engage much in Allah's praise,- for them has Allah prepared forgiveness and great reward.}} | {{Quote|{{Quran|33|35}}|For Muslim men and women,- for believing men and women, for devout men and women, for true men and women, for men and women who are patient and constant, for men and women who humble themselves, for men and women who give in Charity, for men and women who fast (and deny themselves), for men and women who guard their chastity, and for men and women who engage much in Allah's praise,- for them has Allah prepared forgiveness and great reward.}} | ||
| Line 23: | Line 22: | ||
{{Quote|{{Quran|3|195}}|And their Lord hath accepted of them, and answered them: "Never will I suffer to be lost the work of any of you, be he male or female: Ye are members, one of another: Those who have left their homes, or been driven out therefrom, or suffered harm in My Cause, or fought or been slain,- verily, I will blot out from them their iniquities, and admit them into Gardens with rivers flowing beneath;- A reward from the presence of Allah, and from His presence is the best of rewards."}} | {{Quote|{{Quran|3|195}}|And their Lord hath accepted of them, and answered them: "Never will I suffer to be lost the work of any of you, be he male or female: Ye are members, one of another: Those who have left their homes, or been driven out therefrom, or suffered harm in My Cause, or fought or been slain,- verily, I will blot out from them their iniquities, and admit them into Gardens with rivers flowing beneath;- A reward from the presence of Allah, and from His presence is the best of rewards."}} | ||
=== | There are a couple of similar verses: | ||
{{Quote|{{Quran|16|97}}|Whoever does righteousness, whether male or female, while he is a believer - We will surely cause him to live a good life, and We will surely give them their reward [in the Hereafter] according to the best of what they used to do.}} | |||
{{Quote|{{Quran|40|40}}|Whoever does an evil deed will not be recompensed except by the like thereof; but whoever does righteousness, whether male or female, while he is a believer - those will enter Paradise, being given provision therein without account.}} | |||
==Kindness and tranquility between Husbands and Wives== | |||
{{Quote|{{Quran|46|15}}|And of His signs is that He created for you from yourselves mates that you may find tranquillity in them; and He placed between you affection and mercy. Indeed in that are signs for a people who give thought.}} | |||
{{Quote|{{Quran|4|19}}|O you who have believed, it is not lawful for you to inherit women by compulsion. And do not make difficulties for them in order to take [back] part of what you gave them unless they commit a clear immorality. And live with them in kindness. For if you dislike them - perhaps you dislike a thing and Allah makes therein much good.}} | |||
{{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|{{Al Tirmidhi||6|46|3895}}|Narrated 'Aishah: | |||
that the Messenger of Allah (ﷺ) said: "The best of you is the best to his wives, and I am the best of you to my wives, and when your companion dies, leave him alone."}} | |||
{{Quote|{{Muslim|8|3469}}|Abu Huraira (Allah be pleased with him) reported Allah's Messenger (ﷺ) as saying: | |||
A believing man should not hate a believing woman; if he dislikes one of her characteristics, he will be pleased with another.}} | |||
==Being good to your Mother== | |||
{{Quote|{{Quran|4|1}}|O mankind, fear your Lord, who created you from one soul and created from it its mate and dispersed from both of them many men and women. And fear Allah, through whom you ask one another, and the wombs. Indeed Allah is ever, over you, an Observer.}} | |||
{{Quote|{{Quran|31|14}}|And We have enjoined upon man [care] for his parents. His mother carried him, [increasing her] in weakness upon weakness, and his weaning is in two years. Be grateful to Me and to your parents; to Me is the [final] destination.}} | |||
{{Quote|{{Quran|46|15}}|We have enjoined on man kindness to his parents: In pain did his mother bear him, and in pain did she give him birth. The carrying of the (child) to his weaning is (a period of) thirty months. At length, when he reaches the age of full strength and attains forty years, he says, "O my Lord! Grant me that I may be grateful for Thy favour which Thou has bestowed upon me, and upon both my parents, and that I may work righteousness such as Thou mayest approve; and be gracious to me in my issue. Truly have I turned to Thee and truly do I bow (to Thee) in Islam."}} | {{Quote|{{Quran|46|15}}|We have enjoined on man kindness to his parents: In pain did his mother bear him, and in pain did she give him birth. The carrying of the (child) to his weaning is (a period of) thirty months. At length, when he reaches the age of full strength and attains forty years, he says, "O my Lord! Grant me that I may be grateful for Thy favour which Thou has bestowed upon me, and upon both my parents, and that I may work righteousness such as Thou mayest approve; and be gracious to me in my issue. Truly have I turned to Thee and truly do I bow (to Thee) in Islam."}} | ||
| Line 40: | Line 58: | ||
“A man came to the Prophet (ﷺ) and said: “O Messenger of Allah (ﷺ), tell me, which of the people has most right to my good companionship?' He said: 'Yes, by your father, you will certainly be told.' He said: 'Your mother,' He said: 'Then who?' He said: Then your mother.' He said: 'Then who?' He said: Then your mother.' He said: 'Then who?' He said: Then your father.' He said: 'Tell me, O Messenger of Allah (ﷺ) about my wealth- how should I give in charity?' He said: 'Yes, by Allah (SWT) you will certainly be told. You should give in charity when you are still healthy and greedy for wealth, hoping for a long life and fearing poverty. Do not tarry until your soul reaches here and you say: “My wealth of for so-and-so,” and “My wealth of for so-and-so,” and it will be for them even though you dislike that.'”}} | “A man came to the Prophet (ﷺ) and said: “O Messenger of Allah (ﷺ), tell me, which of the people has most right to my good companionship?' He said: 'Yes, by your father, you will certainly be told.' He said: 'Your mother,' He said: 'Then who?' He said: Then your mother.' He said: 'Then who?' He said: Then your mother.' He said: 'Then who?' He said: Then your father.' He said: 'Tell me, O Messenger of Allah (ﷺ) about my wealth- how should I give in charity?' He said: 'Yes, by Allah (SWT) you will certainly be told. You should give in charity when you are still healthy and greedy for wealth, hoping for a long life and fearing poverty. Do not tarry until your soul reaches here and you say: “My wealth of for so-and-so,” and “My wealth of for so-and-so,” and it will be for them even though you dislike that.'”}} | ||
==The Value of Daughters== | |||
The Quran famously condemns the mushrikeen for feeling shame or even burying their female newborn children. | |||
{{Quote|{{Quran-range|16|57|58}}|And they attribute to Allah daughters - exalted is He - and for them is what they desire. And when one of them is informed of [the birth of] a female, his face becomes dark, and he suppresses grief. He hides himself from the people because of the ill of which he has been informed. Should he keep it in humiliation or bury it in the ground? Unquestionably, evil is what they decide.}} | |||
{{Quote|{{Quran-range|42|49|50}}|To Allah belongs the dominion of the heavens and the earth; He creates what he wills. He gives to whom He wills female [children], and He gives to whom He wills males. Or He makes them [both] males and females, and He renders whom He wills barren. Indeed, He is Knowing and Competent.}} | |||
==Statements about women== | |||
===Women as a fitnah to men=== | ===Women as a fitnah to men=== | ||
{{Main|Women (Primary Sources)}} | {{Main|Women (Primary Sources)}} | ||
{{Quote|{{Bukhari|7|62|33}}|Narrated Usama bin Zaid: '''The Prophet said, "After me I have not left any | {{Quote|{{Bukhari|7|62|33}}|Narrated Usama bin Zaid: '''The Prophet said, "After me I have not left any trial [fitnah] more harmful to men than women."'''}} | ||
===Women as intellectually deficient=== | ===Women as intellectually deficient=== | ||
{{Main|Women are Deficient in Intelligence}} | {{Main|Women are Deficient in Intelligence}} | ||
| Line 90: | Line 116: | ||
===Menstruation as an illness=== | ===Menstruation as an illness=== | ||
{{Quote|{{Quran|2|222}}| They question thee (O Muhammad) concerning menstruation. Say: It is an illness, so let women alone at such times and go not in unto them till they are cleansed. And when they have purified themselves, then go in unto them as Allah hath enjoined upon you. Truly Allah loveth those who turn unto Him, and loveth those who have a care for cleanness.}} | {{Quote|{{Quran|2|222}}| They question thee (O Muhammad) concerning menstruation. Say: It is an illness, so let women alone at such times and go not in unto them till they are cleansed. And when they have purified themselves, then go in unto them as Allah hath enjoined upon you. Truly Allah loveth those who turn unto Him, and loveth those who have a care for cleanness.}} | ||
===Barren Women=== | ===Barren Women=== | ||
| Line 110: | Line 129: | ||
"An omen is in a dwelling, a woman or a horse." Abu Dawud said: This tradition was read out to al-Harith b. Miskin and I was witness. It was said to him that Ibn Qasim told him that Malik was asked about evil omen in a horse and in a house. He replied: There are many houses in which people lived and perished and again others lived therein and they also perished. This is its explanation so far as we know. Allah knows best. '''Abu Dawud said: 'Umar (ra) said: A mat in a house better than a woman who does not give birth to a child.'''}} | "An omen is in a dwelling, a woman or a horse." Abu Dawud said: This tradition was read out to al-Harith b. Miskin and I was witness. It was said to him that Ibn Qasim told him that Malik was asked about evil omen in a horse and in a house. He replied: There are many houses in which people lived and perished and again others lived therein and they also perished. This is its explanation so far as we know. Allah knows best. '''Abu Dawud said: 'Umar (ra) said: A mat in a house better than a woman who does not give birth to a child.'''}} | ||
==72 Virgins in Paradise== | |||
:''Main Articles: [[72 Virgins]] and [[Authenticity of 72 Virgins Hadith]]'' | |||
The Qur'anic Paradise is sensual in nature, promising Muslim men voluptuous, gigantic, and transparent-skinned virgins, but does not specify their exact number. The hadith literature compliment the Qur'anic text by specifying the exact number of virgins as 72 and providing detailed descriptions of their characteristics. These narrations vary in strength from good (''hasan'') to authentic (''sahih'') and have been accepted by the Islamic tradition. There are also given details on the physical attributes given to men to sustain 72 virgins, namely, ever-erect penises that never soften and the sexual strength to satisfy 100 women. Although it is said they will receive a "great reward" and there are also hadith which refer to 72 virgins as one of the "seven blessings from Allah" to the martyr, the Qur'an does not specify these virgins are a reward exclusively for jihadists/martyrs, but rather for any Muslim male who gains admittance to Paradise. | |||
{{Quote|{{Bukhari|6|60|402}}| Narrated Abdullah bin Qais: | |||
Allah's Apostle said, "In Paradise there is a pavilion made of a single hollow pearl sixty miles wide, in each corner of which there are wives who will not see those in the other corners; and the believers will visit and enjoy them.}} | |||
==In Islamic law== | ==In Islamic law== | ||
| Line 120: | Line 147: | ||
===Marriage=== | ===Marriage=== | ||
{{Main|Polygamy in Islam|Purpose of the Mahr|The Meaning of Nikah|Dealing Justly with Wives and Orphans (Qur'an 4:3)}} | {{Main|Polygamy in Islam|Purpose of the Mahr|The Meaning of Nikah|Dealing Justly with Wives and Orphans (Qur'an 4:3)}} | ||
Islamic law prohibits Muslim women from marrying non-Muslim men. Islamic law permits men to marry up to four wives (alongside an unlimited number of concubines), while women are restricted to a single husband and are prohibited from any other form of sexual activity. Modern Islamic scholars differ on whether or not a bride may stipulate as a condition of her marriage that her husband remain monogamous. | Islamic law prohibits Muslim women from marrying non-Muslim men based on {{Quran|2|221}} and {{Quran|60|10}} (while Muslim men may marry Christian and Jewish women according to {{Quran|5|5}}). Islamic law permits men to marry up to four wives (alongside an unlimited number of concubines), while women are restricted to a single husband and are prohibited from any other form of sexual activity. Modern Islamic scholars differ on whether or not a bride may stipulate as a condition of her marriage that her husband remain monogamous. | ||
Islamic scriptures describe the ''mahr,'' or primarily financial gift made by a groom to his bride upon the marital ''nikah'' (sexual intercourse) contract, as 'the recompense for your having had the right to intercourse with her'. The Arabic word for "marriage" is "zawaj". In Islamic law, marriage is considered under the concept of ''nikah'', a legal and financial contract between a male and a female Muslim. Nikah literally means "sexual intercourse". | Islamic scriptures describe the ''mahr,'' or primarily financial gift made by a groom to his bride upon the marital ''nikah'' (sexual intercourse) contract, as 'the recompense for your having had the right to intercourse with her'. The Arabic word for "marriage" is "zawaj". In Islamic law, marriage is considered under the concept of ''nikah'', a legal and financial contract between a male and a female Muslim. Nikah literally means "sexual intercourse". | ||
| Line 126: | Line 153: | ||
For some time as a prophet, Muhammad permitted temporary ''mut'ah'' marriages whereby men would be permitted to engage in sexual activity with a woman for a predetermined period of time in exchange for compensation. While prohibited by Sunni scholars today, the practice is still considered legitimate by many Shi'ite scholars. | For some time as a prophet, Muhammad permitted temporary ''mut'ah'' marriages whereby men would be permitted to engage in sexual activity with a woman for a predetermined period of time in exchange for compensation. While prohibited by Sunni scholars today, the practice is still considered legitimate by many Shi'ite scholars. | ||
===Control over movement and taking | ===Control over movement and taking additional wives=== | ||
Under Islam, a husband has a right to take up to four wives and has significant control over his wives. Under the Hanbali (but not Hanafi) school, women may stipulate conditions in the marriage contract to grant greater freedom of movement or to object to her husband taking additional wives, with a right to divorce if these are broken. In many cases such stipulations will not have been agreed ahead of the marriage, though some modern reforms of family law have sought to improve the situation. Otherwise the husband's rights are automatic. | Under Islam, a husband has a right to take up to four wives and has significant control over his wives. Under the Hanbali (but not Hanafi) school, women may stipulate conditions in the marriage contract to grant greater freedom of movement or to object to her husband taking additional wives, with a right to divorce if these are broken. In many cases such stipulations will not have been agreed ahead of the marriage, though some modern reforms of family law have sought to improve the situation. Otherwise the husband's rights are automatic. | ||
| Line 133: | Line 160: | ||
===Child marriage=== | ===Child marriage=== | ||
{{Main|Child Marriage in Islamic Law|Forced Marriage}} | {{Main|Child Marriage in Islamic Law|Forced Marriage}} | ||
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 Sassinids 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 nevetheless common (including among non-Muslim populations in some regions of the world). | |||
==== | ====Muhammad's encouragement to marry and fondle young virgins==== | ||
{{Quote|{{Bukhari|5|59|382}}|Narrated Jabir: "Allah's Messenger (ﷺ) said to me, "Have you got married O Jabir?" I replied, "Yes." He asked "What, a virgin [bikr] or a matron [thayyib]?" I replied, "Not a virgin but a matron." He said, "Why did you not marry a young girl [jariyah] who would have fondled with you?}} | {{Quote|{{Bukhari|5|59|382}}|Narrated Jabir: "Allah's Messenger (ﷺ) said to me, "Have you got married O Jabir?" I replied, "Yes." He asked "What, a virgin [bikr] or a matron [thayyib]?" I replied, "Not a virgin but a matron." He said, "Why did you not marry a young girl [jariyah] who would have fondled with you?}} | ||
{{Quote|{{Bukhari|3|38|504}}| Narrated Jabir bin 'Abdullah: | {{Quote|{{Bukhari|3|38|504}}| Narrated Jabir bin 'Abdullah: | ||
| Line 146: | Line 175: | ||
A woman who has been previously married (Thayyib) has more right to her person than her guardian. And a virgin should also be consulted, and her silence implies her consent.}} | A woman who has been previously married (Thayyib) has more right to her person than her guardian. And a virgin should also be consulted, and her silence implies her consent.}} | ||
===Domestic rights and | ===Domestic rights and beating wives=== | ||
{{Main|Wife Beating in Islamic Law|Wife Beating in the Qur'an|Qur'an, Hadith and Scholars:Wife Beating}}Under Islamic law, women are obligated to obey their husbands in their domestic, social, professional, sexual and, to a limited extent, religious lives. Marital rape is not considered a crime. | {{Main|Wife Beating in Islamic Law|Wife Beating in the Qur'an|Qur'an, Hadith and Scholars:Wife Beating}}Under Islamic law, women are obligated to obey their husbands in their domestic, social, professional, sexual and, to a limited extent, religious lives. Marital rape is not considered a crime. {{Quran|4|34}} instructs Muslims men to, among other things, beat their wives if they fear nushuz (a word of unclear meaning but to be compared with similar usage in {{Quran|4|128}}. Muslim scholars agree on the permissibility of the practice but disagree on the conditions for and nature of the beating permitted. Women are also accorded a number of rights under the ''nikah'' contract. Men are obligated to provide for their wives financially and not to be too harsh to them, although the meaning of this latter requirement is set by the marital and gender norms of 7th century Arabia, where wife-beating was commonplace and acceptable. Women whose husbands fail to fulfill these rights are eligible for requesting divorce. | ||
===Divorce=== | ===Divorce=== | ||
| Line 153: | Line 182: | ||
There is a consensus among classical Islamic scholars that if a woman converts to Islam and her husband fails to, their marriage is nullified.<ref>[https://islamqa.info/en/answers/3408/stories-of-women-who-became-muslim-and-left-their-non-muslim-husbands Stories of Women who Became Muslim and Left their Non-Muslim Husbands - IslamQA.info]</ref><ref name="IndianaLawJournal">Leeman, Alex B. (2009) "Interfaith Marriage in Islam: An Examination of the Legal Theory Behind the Traditional and Reformist Positions," Indiana Law Journal: Vol. 84 : Iss. 2 , Article 9. pp.754-759 Available at: http://ilj.law.indiana.edu/articles/84/84_2_Leeman.pdf and https://www.repository.law.indiana.edu/ilj/vol84/iss2/9</ref> This ruling is derived, in part, from {{Quran|60|10}}. The classical scholars also ruled that if on the other hand a husband converts to Islam, the marriage remains intact so long as his wife is a Christian or Jew. If a Muslim husband or wife leaves Islam, the marriage to his or her Muslim spouse is immediately annulled, though some held that the marriage is unaffected if only the wife leaves the religion, while others said that she becomes the husband's slave.<ref name="IndianaLawJournal2">Leeman, Alex B. (2009) "Interfaith Marriage in Islam: An Examination of the Legal Theory Behind the Traditional and Reformist Positions," Indiana Law Journal: Vol. 84 : Iss. 2 , Article 9. pp.754-759 Available at: http://ilj.law.indiana.edu/articles/84/84_2_Leeman.pdf and https://www.repository.law.indiana.edu/ilj/vol84/iss2/9</ref> | There is a consensus among classical Islamic scholars that if a woman converts to Islam and her husband fails to, their marriage is nullified.<ref>[https://islamqa.info/en/answers/3408/stories-of-women-who-became-muslim-and-left-their-non-muslim-husbands Stories of Women who Became Muslim and Left their Non-Muslim Husbands - IslamQA.info]</ref><ref name="IndianaLawJournal">Leeman, Alex B. (2009) "Interfaith Marriage in Islam: An Examination of the Legal Theory Behind the Traditional and Reformist Positions," Indiana Law Journal: Vol. 84 : Iss. 2 , Article 9. pp.754-759 Available at: http://ilj.law.indiana.edu/articles/84/84_2_Leeman.pdf and https://www.repository.law.indiana.edu/ilj/vol84/iss2/9</ref> This ruling is derived, in part, from {{Quran|60|10}}. The classical scholars also ruled that if on the other hand a husband converts to Islam, the marriage remains intact so long as his wife is a Christian or Jew. If a Muslim husband or wife leaves Islam, the marriage to his or her Muslim spouse is immediately annulled, though some held that the marriage is unaffected if only the wife leaves the religion, while others said that she becomes the husband's slave.<ref name="IndianaLawJournal2">Leeman, Alex B. (2009) "Interfaith Marriage in Islam: An Examination of the Legal Theory Behind the Traditional and Reformist Positions," Indiana Law Journal: Vol. 84 : Iss. 2 , Article 9. pp.754-759 Available at: http://ilj.law.indiana.edu/articles/84/84_2_Leeman.pdf and https://www.repository.law.indiana.edu/ilj/vol84/iss2/9</ref> | ||
One verse grants similar rights to men and women during the divorce period, in some sense granting the husband a degree above his wife. | |||
{{Quote|{{Quran|2|228}}|Divorced women remain in waiting for three periods, and it is not lawful for them to conceal what Allah has created in their wombs if they believe in Allah and the Last Day. And their husbands have more right to take them back in this [period] if they want reconciliation. And due to the wives is similar to what is expected of them, according to what is reasonable. But the men have a degree over them [in responsibility and authority]. And Allah is Exalted in Might and Wise.}} | |||
===Concubinage=== | ===Concubinage=== | ||
| Line 160: | Line 192: | ||
{{Main|'Iddah (Female_Menstrual_Waiting_Period)}} | {{Main|'Iddah (Female_Menstrual_Waiting_Period)}} | ||
The 'iddah is the period of time a woman must observe after the death of her husband or after a divorce, during which she has to face numerous restrictions. These restrictions include being largely confined at home and the clothes she is allowed to wear. For a widowed woman the waiting period is 4 months and 10 days; for a pregnant woman the waiting period is up to 9 months (till the birth of the baby); and for a divorced woman the waiting period is 3 menstrual cycles. | The 'iddah is the period of time a woman must observe after the death of her husband or after a divorce, during which she has to face numerous restrictions. These restrictions include being largely confined at home and the clothes she is allowed to wear. For a widowed woman the waiting period is 4 months and 10 days; for a pregnant woman the waiting period is up to 9 months (till the birth of the baby); and for a divorced woman the waiting period is 3 menstrual cycles. | ||
===Inheritance=== | |||
{{Main|Inheritance Laws|Contradictions in the Quran}} | |||
Generally, Islam grants women half the share of inheritance available to men if they inherit from the same father. This forms part of a wider Quranic and cultural context in which men are expected to provide for women and to pay a dower for marriage. However, it is easy to imagine scenarios even in the 7th century where the beneficiaries are at different stages of their lives or marital circumstances such that no rationale would justify the allocation fixed in the Quran. | |||
{{Quote|{{Quran|4|11}}|Allah instructs you concerning your children: for the male, what is equal to the share of two females. But if there are [only] daughters, two or more, for them is two thirds of one's estate. And if there is only one, for her is half. And for one's parents, to each one of them is a sixth of his estate if he left children. But if he had no children and the parents [alone] inherit from him, then for his mother is one third. And if he had brothers [or sisters], for his mother is a sixth, after any bequest he [may have] made or debt. Your parents or your children - you know not which of them are nearest to you in benefit. [These shares are] an obligation [imposed] by Allah. Indeed, Allah is ever Knowing and Wise.}} | |||
{{Quote|{{Quran|4|176}}|They request from you a [legal] ruling. Say, "Allah gives you a ruling concerning one having neither descendants nor ascendants [as heirs]." If a man dies, leaving no child but [only] a sister, she will have half of what he left. And he inherits from her if she [dies and] has no child. But if there are two sisters [or more], they will have two-thirds of what he left. If there are both brothers and sisters, the male will have the share of two females. Allah makes clear to you [His law], lest you go astray. And Allah is Knowing of all things.}} | |||
===Attire=== | ===Attire=== | ||
{{Main| | {{Main|Hijab|Qur'an, Hadith and Scholars:Hijab}}Islamic scholars differ in their interpretation of the verses prescribing female attire. All four madhabs agree by consensus that women must cover their entire body, excluding their hands and face, except for Hanafis, who also permit women to reveal their feet. These clothing requirements only apply in the presence of unrelated men (in addition to some male relations) and during prayers. Hanafis and some other scholars also require women to observe these requirements in the presence non-Muslim women, fearing that these non-Muslim women may describe a Muslim woman's physical features to other men. Some modern interpretations disagree with the traditional views (see main article). | ||
===Testimony=== | ===Testimony=== | ||
Islamic scriptures dictate that, in a court setting, a woman's testimony is worth half a man's. The reasoning given in | Islamic scriptures dictate that, in a court setting, a woman's testimony is worth half a man's. The reasoning given in {{Bukhari|1|6|301}} is the deficiency of the female intellect. Islamic jurists have variously endorsed some exceptions to this rule-of-thumb, however. In legal cases relating to matters of female anatomy or specialty, a woman's testimony may be equal to a man's. On the other hand, Islamic jurists have also dictated that there are certain domains of law where a woman's testimony cannot be counted for anything at all. | ||
The Quran itself mentions the principle in the context of loan contracts. | |||
{{Quote|{{Quran|2|282}}|O you who have believed, when you contract a debt for a specified term [...] And bring to witness two witnesses from among your men. And if there are not two men [available], then a man and two women from those whom you accept as witnesses - so that if one of the women errs, then the other can remind her. [...]}} | |||
===Gender Segregation=== | |||
{{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. | |||
==Muhammad and Women== | ==Muhammad and Women== | ||
| Line 235: | Line 280: | ||
The United Nations Population Fund estimated in September 2000 that as many as 5,000 women and girls fall victim to such killings each year. | The United Nations Population Fund estimated in September 2000 that as many as 5,000 women and girls fall victim to such killings each year. | ||
===Strict enforcement of hijab=== | ===Strict enforcement of hijab=== | ||
In the holy city of Mecca in March 2002, fifteen teenage girls perished in a fire at their school when the Saudi religious police, the muttawa'in, refused to let them out of the building, because in the female-only school environment, they had shed the outer garments that women are required to wear in the presence of men. They had not put these garments back on before trying to flee from the fire. The muttawa'in, favoring the victims' death to the transgression of Islamic law, battled police and firemen who tried to open the school's doors to save the girls.<ref>Christopher Dickey and Rod Nordland - [http://www.islamawareness.net/MiddleEast/Saudi/fire.html The Fire That Won't Die Out] - Islamawareness, 2002</ref> | In a few countries today (notably Iran and Afghanistan), the wearing of hijab is legally enforced, though in most Muslim-majority countries this is not the case though there may be social pressure. In the holy city of Mecca in March 2002, fifteen teenage girls perished in a fire at their school when the Saudi religious police, the muttawa'in, refused to let them out of the building, because in the female-only school environment, they had shed the outer garments that women are required to wear in the presence of men. They had not put these garments back on before trying to flee from the fire. The muttawa'in, favoring the victims' death to the transgression of Islamic law, battled police and firemen who tried to open the school's doors to save the girls.<ref>Christopher Dickey and Rod Nordland - [http://www.islamawareness.net/MiddleEast/Saudi/fire.html The Fire That Won't Die Out] - Islamawareness, 2002</ref> In 2018 Saudi Arabia rescinded its laws relating to head coverings. | ||
===Domestic abuse=== | ===Domestic abuse=== | ||