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Qur'an, Hadith and Scholars:Honor Killing: Difference between revisions
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Qur'an, Hadith and Scholars:Honor Killing (view source)
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Honor killing has occured in many cultures, and is the murder by family members, usually of females, who are perceived to have brought shame on the family. The attitude is that the honor of the family in the community can be protected or restored in this way. Common triggers for honour killing occur when young couples have unmarried relations with each other, or when a woman marries someone against the wishes of her parents. | Honor killing has occured in many cultures, and is the murder by family members, usually of females, who are perceived to have brought shame on the family. The attitude is that the honor of the family in the community can be protected or restored in this way. Common triggers for honour killing occur when young couples have unmarried relations with each other, or when a woman marries someone against the wishes of her parents. | ||
In | In Islamic law, there is no punishment merely for the shame caused upon a family by their female relations, nor to restore family honor by killing them. There are, however, punishments for various types of [[w:Zina|Zina]] (unlawful sexual relations) in Islam. Zina includes both fornication (when they are unmarried), for which the punishment is flogging, and adultery (when they are married, but not to each other), for which the punishment is death by stoning. These punishments are only to be applied by the authorities. | ||
Honour killing has been condemned in a recent fatwa<ref>[https://islamqa.info/en/101972 Fatwa 101972 Ruling on honour killing]</ref>, which says that the punishment for fornication by the unmarried is flogging, and must be carried out by the proper authorities. | Honour killing has been condemned in a recent fatwa<ref>[https://islamqa.info/en/101972 Fatwa 101972 Ruling on honour killing]</ref>, which says that the punishment for fornication by the unmarried is flogging, and must be carried out by the proper authorities. | ||
However, some statements about women and rules to control [[Islam and Women|women in Islamic primary sources]] very much contribute to the underlying attitudes towards women and girls held by those who commit honor killing and honor violence. There are also some related topics in Islamic sources concerning parents and their children, zina and punishments, as detailed below. | However, some statements about women and rules to control [[Islam and Women|women in Islamic primary sources]] very much contribute to the underlying attitudes towards women and girls held by those who commit honor killing and honor violence. There are also some related topics in Islamic sources concerning parents and their children, a woman marrying without approval of her wali, zina, and punishments, as detailed below. | ||
{{QuranHadithScholarsIndex}} | {{QuranHadithScholarsIndex}} | ||
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==Hadith== | ==Hadith== | ||
===A | ===A Valid Marriage Requires Approval of the Female's Wali=== | ||
{{Quote|{{Ibn Majah|9|3|9|1882}}|It was narrated from Abu Hurairah that: | {{Quote|{{Ibn Majah|9|3|9|1882}}|It was narrated from Abu Hurairah that: | ||
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the Messenger of Allah said: “No woman should arrange the marriage of another woman, and no woman should arrange her own marriage. '''The adulteress is the one who arranges her own marriage'''.” (Sahih)}} | the Messenger of Allah said: “No woman should arrange the marriage of another woman, and no woman should arrange her own marriage. '''The adulteress is the one who arranges her own marriage'''.” (Sahih)}} | ||
Note | Note that while the above hadith says that such a woman commits zina (unlawful sexual intercourse), an earlier hadith in the same book indicates that this situation is not considered to be punishable adultery (as was also the consensus of the scholars according to Imam Abu Bakr al-Jassas (d. 370 A.H.) in his Ahkam al-Qur'aan): | ||
{{Quote|{{Ibn Majah|9|3|9|1879}}|It was narrated from Aishah that : | {{Quote|{{Ibn Majah|9|3|9|1879}}|It was narrated from Aishah that : | ||
the Messenger of Allah said: “Any woman whose marriage is not arranged by her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid. If (the man) has had intercourse with her, then the Mahr belongs to her in return for his intimacy with her. And if there is any dispute then the ruler is the guardian of the one who does not have a guardian.” (Sahih)}} | the Messenger of Allah said: “Any woman whose marriage is not arranged by her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid. If (the man) has had intercourse with her, then the Mahr belongs to her in return for his intimacy with her. And if there is any dispute then the ruler is the guardian of the one who does not have a guardian.” (Sahih)}} | ||
Nevertheless, the requirement for approval from the wali of the woman in order for her marriage to be valid greatly increases the potential for shame to be cast by the community on her and her male family members if she defies their wishes. | |||
A woman marrying without approval from her wali does not have a valid marriage according to this hadith and the majority of scholars. Her wali may only refuse a marriage for legitimate Sharia reasons (for example, if she wants to marry a non-Muslim). Otherwise his guardianship of her passes to another who will approve the marriage<ref>[https://islamqa.info/en/7193 The girl's father disagrees with a marriage - what is the solution? Fatwah 7193 - Islamqa.info]</ref>. | |||
===Punishments by stoning for adultery between a married person and someone who they are not married to=== | ===Punishments by stoning for adultery between a married person and someone who they are not married to=== | ||
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{{Quote|{{Bukhari|3|49|860}}|Narrated Abu Huraira and Zaid bin Khalid Al-Juhani: A bedouin came and said, "O Allah's Apostle! Judge between us according to Allah's Laws." His opponent got up and said, "He is right. Judge between us according to Allah's Laws." The bedouin said, "My son was a laborer working for this man, and he committed illegal sexual intercourse with his wife. The people told me that my son should be stoned to death; so, in lieu of that, I paid a ransom of one hundred sheep and a slave girl to save my son. Then I asked the learned scholars who said, "Your son has to be lashed one-hundred lashes and has to be exiled for one year." The Prophet said, "No doubt I will judge between you according to Allah's Laws. '''The slave-girl and the sheep are to go back to you, and your son will get a hundred lashes and one year exile."''' He then addressed somebody, "O Unais! '''go to the wife of this (man) and stone her to death" So, Unais went and stoned her to death.'''}} | {{Quote|{{Bukhari|3|49|860}}|Narrated Abu Huraira and Zaid bin Khalid Al-Juhani: A bedouin came and said, "O Allah's Apostle! Judge between us according to Allah's Laws." His opponent got up and said, "He is right. Judge between us according to Allah's Laws." The bedouin said, "My son was a laborer working for this man, and he committed illegal sexual intercourse with his wife. The people told me that my son should be stoned to death; so, in lieu of that, I paid a ransom of one hundred sheep and a slave girl to save my son. Then I asked the learned scholars who said, "Your son has to be lashed one-hundred lashes and has to be exiled for one year." The Prophet said, "No doubt I will judge between you according to Allah's Laws. '''The slave-girl and the sheep are to go back to you, and your son will get a hundred lashes and one year exile."''' He then addressed somebody, "O Unais! '''go to the wife of this (man) and stone her to death" So, Unais went and stoned her to death.'''}} | ||
=== | ===Vigilantism against apostates and sinners is commanded or goes unpunished=== | ||
{{ quote |{{Bukhari|9|84|64}} | Narrated 'Ali: | {{quote |{{Bukhari|9|84|64}} | Narrated 'Ali: | ||
Whenever I tell you a narration from Allah's Apostle, by Allah, I would rather fall down from the sky than ascribe a false statement to him, but if I tell you something between me and you (not a Hadith) then it was indeed a trick (i.e., I may say things just to cheat my enemy). No doubt I heard Allah's Apostle saying, "During the last days there will appear some young foolish people who will say the best words but their faith will not go beyond their throats (i.e. they will have no faith) and will go out from (leave) their religion as an arrow goes out of the game. So, where-ever you find them, kill them, for '''who-ever kills them shall have reward on the Day of Resurrection'''." }} | Whenever I tell you a narration from Allah's Apostle, by Allah, I would rather fall down from the sky than ascribe a false statement to him, but if I tell you something between me and you (not a Hadith) then it was indeed a trick (i.e., I may say things just to cheat my enemy). No doubt I heard Allah's Apostle saying, "During the last days there will appear some young foolish people who will say the best words but their faith will not go beyond their throats (i.e. they will have no faith) and will go out from (leave) their religion as an arrow goes out of the game. So, where-ever you find them, kill them, for '''who-ever kills them shall have reward on the Day of Resurrection'''." }} | ||
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===Carry out legal punishments on relatives and do not let the fear of blame stop you=== | ===Carry out legal punishments on relatives and do not let the fear of blame stop you=== | ||
It is unclear whether a judge is required to rule on the matter first in the following hadith. | |||
{{Quote|{{Ibn Majah|20|3|20|2540}}|It was narrated from `Ubadah bin Samit that the Messenger of Allah said: “'''Carry out the legal punishments on relatives''' and strangers, and '''do not let the fear of blame stop you''' from carrying out the command of Allah (SWT).” (Hasan)}} | {{Quote|{{Ibn Majah|20|3|20|2540}}|It was narrated from `Ubadah bin Samit that the Messenger of Allah said: “'''Carry out the legal punishments on relatives''' and strangers, and '''do not let the fear of blame stop you''' from carrying out the command of Allah (SWT).” (Hasan)}} | ||
===Follow the legal process when you find a man with your wife, not vigilantism=== | |||
On contrast to the above hadiths, the following indicates that the legal process should be followed in the case of zina and not vilgilantism. | |||
{{Quote|{{Muslim|9|3571}}|Abu Huraira (Allah be pleased with him) reported that Sa'd b. Ubada (Allah be pleased with him) said: | |||
Messenger of Allah, if I were to find with my wife a man, should I not touch him before bringing four witnesses? Allah's Messenger (ﷺ) said: Yes. He said: By no means. By Him Who has sent you with the Truth, I would hasten with my sword to him before that. Allah's Messenger (ﷺ) said: Listen to what your chief says. He is jealous of his honour, I am more jealous than he (is) and God is more jealous than I. | |||
}} | |||
==Scholars== | ==Scholars== | ||
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==See Also== | ==See Also== | ||
*[[Category:Honor violence]] | |||
*[[Qur'an, Hadith and Scholars:Violence Against Women|Violence Against Women]] | |||
==External Links== | ==External Links== | ||
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[[Category:QHS]] | [[Category:QHS]] | ||
[[Category: | [[Category:Women]] | ||
[[Category:Honor violence]] | |||
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