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>}}


===Honor Killing===
===Special Huduud Punishments for Women===
{{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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