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Islam and Women: Difference between revisions
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{{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}} | ||
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===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". | ||
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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. | ||
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===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: | ||
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===Inheritance=== | ===Inheritance=== | ||
{{Main|Inheritance Laws|Contradictions in the Quran}} | {{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. | 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|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.}} | ||
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===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=== | ||
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{{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. [...]}} | {{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. [...]}} | ||
===Segregation=== | ===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). | {{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== | ||
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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=== | ||