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

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{{QualityScore|Lead=1|Structure=3|Content=3|Language=3|References=3}}
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{{QuranHadithScholarsIndex}}
{{QuranHadithScholarsIndex}}
Islamic law recognizes circumstances where men may be violent with women. This includes husbands dealing with disobedient wives, but also extends to warfare, where attacking women is endorsed by the example of the prophet, and the [[hudud]], which specify special punishments for transgressions of female sexual norms.
===Beating your Wives is Allowed===
===Beating your Wives is Allowed===
{{Main|Qur'an, Hadith and Scholars:Wife Beating}}
{{Main|Qur'an, Hadith and Scholars:Wife Beating}}
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{{Quote|Al-Ghazali, Kitab al-Wagiz fi fiqh madhab al-imam al-Safi'i|...[O]ne must go on jihad (i.e. razzias or raids) at least once a year ... one may use a catapult against them when they are in a fortress, '''even if among them are women and children'''. One may set fire to them and/or drown them. ... If a person of the ''ahl al-kitab'' [i.e. People of the Book] is enslaved, his marriage is revoked. ... One may cut down their trees. ... One must destroy their useless books. Jihadists may take as booty whatever they decide ... they may steal as much food as they need...<ref name="Al-Ghazali">Excerpted form ''[http://www.irfi.org/articles3/articles_4701_4800/why%20christians%20accepted%20greek%20natural%20philosophy,%20but%20muslims%20did%20nothtml.htm Kitab al-Wagiz fi fiqh madhab al-imam al-Safi'i]'' (Beirut, 1979), pp. 186, 190-91, 199-200, 202-203. English translation by Dr. Michael Schub.</ref>}}
{{Quote|Al-Ghazali, Kitab al-Wagiz fi fiqh madhab al-imam al-Safi'i|...[O]ne must go on jihad (i.e. razzias or raids) at least once a year ... one may use a catapult against them when they are in a fortress, '''even if among them are women and children'''. One may set fire to them and/or drown them. ... If a person of the ''ahl al-kitab'' [i.e. People of the Book] is enslaved, his marriage is revoked. ... One may cut down their trees. ... One must destroy their useless books. Jihadists may take as booty whatever they decide ... they may steal as much food as they need...<ref name="Al-Ghazali">Excerpted form ''[http://www.irfi.org/articles3/articles_4701_4800/why%20christians%20accepted%20greek%20natural%20philosophy,%20but%20muslims%20did%20nothtml.htm Kitab al-Wagiz fi fiqh madhab al-imam al-Safi'i]'' (Beirut, 1979), pp. 186, 190-91, 199-200, 202-203. English translation by Dr. Michael Schub.</ref>}}


===Raping of Women is Allowed===
===Special Huduud Punishments for Women===
{{Main|Qur'an, Hadith and Scholars:Rape|Qur'an, Hadith and Scholars:Al-'Azl}}
 
{{quote | {{cite quran|70|22|end=30|style=ref}} |
"Not so the worshippers, who are steadfast in prayer, who set aside a due portion of their wealth for the beggar and for the deprived, who truly believe in the Day of Reckoning and dread the punishment of their Lord (for none is secure from the punishment of their Lord); who restrain their carnal desire (save with their wives and their slave girls, for these are lawful to them: he that lusts after other than these is a transgressor..."}}
 
{{quote | {{cite quran|23|5|end=6|style=ref}} |
"And who guard their modesty - '''Save from their wives or the (slaves) that their right hands possess,''' for then they are not blameworthy, "}}
 
{{quote | {{cite quran|4|23|end=24|style=ref}} |
Prohibited to you (For marriage) are:- Your mothers, daughters, sisters; father's sisters, Mother's sisters; brother's daughters, sister's daughters; foster-mothers (Who gave you suck), foster-sisters; your wives' mothers; your step-daughters under your guardianship, born of your wives to whom ye have gone in,- no prohibition if ye have not gone in;- (Those who have been) wives of your sons proceeding from your loins; and two sisters in wedlock at one and the same time, except for what is past; for Allah is Oft-forgiving, Most Merciful;- And all married women (are forbidden unto you) '''save those (captives) whom your right hands possess.''' It is a decree of Allah for you. Lawful unto you are all beyond those mentioned, so that ye seek them with your wealth in honest wedlock, not debauchery. And those of whom ye seek content (by marrying them), give unto them their portions as a duty. And there is no sin for you in what ye do by mutual agreement after the duty (hath been done). Lo! Allah is ever Knower, Wise.}}
 
{{Quote|{{Quran|33|50}}|O Prophet! We have made lawful to thee thy wives to whom thou hast paid their dowers; and those whom thy right hand possesses out of the prisoners of war whom Allah has assigned to thee; and daughters of thy paternal uncles and aunts, and daughters of thy maternal uncles and aunts, who migrated (from Makka) with thee; and any believing woman who dedicates her soul to the Prophet if the Prophet wishes to wed her;- this only for thee, and not for the Believers (at large); We know what We have appointed for them as to their wives and the captives whom their right hands possess;- in order that there should be no difficulty for thee. And Allah is Oft-Forgiving, Most Merciful.}}
 
===Honor Killing===
{{Main|Qur'an, Hadith and Scholars:Honor Killing}}
 
{{Quote|1=[http://www.shafiifiqh.com/maktabah/relianceoftraveller.pdf Reliance of the Traveller: A Classic Manual of Islamic Sacred Law]<BR>Ahmad ibn Naqib al-Misri, Edited and Translated by Nuh Ha Mim Keller (p. 508, o1.1-2)|2=Who is Subject to Retaliation for Injurious Crimes
 
o1.1 - Retaliation
 
Retaliation is obligatory (A: if the person entitled wishes to take it (dis: o3.8)) against anyone who kills a human being purely intentionally and without right. (O: Intentionally is a first restriction and excludes killing someone through an honest mistake, while purely excludes a mistake made in a deliberate injury (def: o2.3), and without right excludes cases of justifiable homicide such as lawful retaliation.)
 
o1.2 '''The following are not subject to retaliation''':
 
-1- a child or insane person, under any circumstances
 
-2- a Muslim for killing a non-Muslim;
 
-3- a Jewish or Christian subject of the Islamic state for killing an apostate from Islam (O: because a subject of the state is under its protection, while killing an apostate from Islam is without consequences);
 
-4- '''A father or mother (or their fathers of mothers) for killing their offspring, or offspring's offspring''';}}
 
{{Quote|{{Ibn Majah|9|3|9|1882}}|It was narrated from Abu Hurairah that:
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)}}
 
===Unequal Punishments===


{{Quote|{{Quran|4|15}}|If any of your women are guilty of lewdness, Take the evidence of four (Reliable) witnesses from amongst you against them; and if they testify, confine them to houses until death do claim them, or Allah ordain for them some (other) way.}}
{{Quote|{{Quran|4|15}}|If any of your women are guilty of lewdness, Take the evidence of four (Reliable) witnesses from amongst you against them; and if they testify, confine them to houses until death do claim them, or Allah ordain for them some (other) way.}}
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{{Quote|{{Bukhari|8|82|822}}|Narrated Abu Huraira and Said bin Khalid: The verdict of Allah's Apostle was sought about an unmarried slave girl guilty of illegal intercourse. He replied, "If she commits illegal sexual intercourse, then flog her (fifty stripes), and if she commits illegal sexual intercourse (after that for the second time), then flog her (fifty stripes), and if she commits illegal sexual intercourse (for the third time), then flog her (fifty stripes) and sell her for even a hair rope." Ibn Shihab said, "I am not sure whether the Prophet ordered that she be sold after the third or fourth time of committing illegal intercourse."|See Also {{Bukhari|8|82|823}}}}
{{Quote|{{Bukhari|8|82|822}}|Narrated Abu Huraira and Said bin Khalid: The verdict of Allah's Apostle was sought about an unmarried slave girl guilty of illegal intercourse. He replied, "If she commits illegal sexual intercourse, then flog her (fifty stripes), and if she commits illegal sexual intercourse (after that for the second time), then flog her (fifty stripes), and if she commits illegal sexual intercourse (for the third time), then flog her (fifty stripes) and sell her for even a hair rope." Ibn Shihab said, "I am not sure whether the Prophet ordered that she be sold after the third or fourth time of committing illegal intercourse."|See Also {{Bukhari|8|82|823}}}}
==See Also==
{{Hub4|Violence Against Women (Primary Sources)|Violence Against Women (Primary Sources)}}


==References==
==References==
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[[Category:QHS]]
[[Category:QHS]]
[[Category:Islam and Women]]
[[Category:Women]]
[[Category:Fiqh (legal theory)]]
[[Category:Shariah (Islamic Law)]]
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