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Women in Islamic Law: Difference between revisions
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{{Quote|{{Muslim|8|3311}}| 'A'isha (Allah be pleased with her) reported that Allah's Apostle (may peace be upon him) married her when she was seven years old, and he was taken to his house as a bride when she was nine, and her dolls were with her; and when he (the Holy Prophet) died she was eighteen years old.}} | {{Quote|{{Muslim|8|3311}}| 'A'isha (Allah be pleased with her) reported that Allah's Apostle (may peace be upon him) married her when she was seven years old, and he was taken to his house as a bride when she was nine, and her dolls were with her; and when he (the Holy Prophet) died she was eighteen years old.}} | ||
Ayatollah Khomeini, the Iranian Shi'ite religious leader, married a ten-year-old girl when he was twenty-eight. Khomeini called marriage to a prepubescent girl "a divine blessing," and advised the faithful: "Do your best to ensure that your daughters do not see their first blood in your house." | Ayatollah Khomeini, the Iranian Shi'ite religious leader, married a ten-year-old girl when he was twenty-eight. Khomeini called marriage to a prepubescent girl "a divine blessing," and advised the faithful: "Do your best to ensure that your daughters do not see their first blood in your house." | ||
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===Mahr=== | ===Mahr=== | ||
{{Main|Purpose of the Mahr|Qur'an, Hadith and Scholars:Mahr}}Islamic scriptures describe the ''mahr,'' or primarily financial gift made by a groom to his bride upon | {{Main|Purpose of the Mahr|Qur'an, Hadith and Scholars:Mahr}}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'.{{quote | {{Muslim|9|3557}} | | ||
Ibn Umar (Allah be pleased with them) reported Allah's Messenger (may peace be upon him) saying to the invokers of curse: Your account is with Allah. One of you must be a liar. You have now no right over this woman. ''''He said: Messenger of Allah, what about my wealth (dower that I paid her at the time of marriage)? He said: You have no claim to wealth. If you tell the truth, it (dower) is the recompense for your having had the right to intercourse with her'''', and if you tell a lie against her, it is still more remote from you than she is. Zuhair said in his narration: Sufyan reported to us on the authority of 'Amr that he had heard Sa'id b Jubair saying: I heard Ibn Umar (Allah be pleased with them) saying that Allah's Messenger (may peace be upon him) had said it. }}The purpose of the mahr is to serve as a payment from a man to a woman for the future sexual relations (nikah) he will have with her. This is further illustrated by the requirement for a ''mahr'' in temporary | Ibn Umar (Allah be pleased with them) reported Allah's Messenger (may peace be upon him) saying to the invokers of curse: Your account is with Allah. One of you must be a liar. You have now no right over this woman. ''''He said: Messenger of Allah, what about my wealth (dower that I paid her at the time of marriage)? He said: You have no claim to wealth. If you tell the truth, it (dower) is the recompense for your having had the right to intercourse with her'''', and if you tell a lie against her, it is still more remote from you than she is. Zuhair said in his narration: Sufyan reported to us on the authority of 'Amr that he had heard Sa'id b Jubair saying: I heard Ibn Umar (Allah be pleased with them) saying that Allah's Messenger (may peace be upon him) had said it. }}The purpose of the mahr is to serve as a payment from a man to a woman for the future sexual relations (nikah) he will have with her. This is further illustrated by the requirement for a ''mahr'' in temporary ''mut'ah'' marriages, other similar statements of Muhammad, and the logic inherent in the Quranic verses which stipulate that mahr cannot be taken back in divorce (except under extenuating circumstances) once a man has had intercourse with his wife. | ||
===Nikah=== | ===Nikah=== | ||
{{Main|The Meaning of Nikah}}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".{{Quote|Ruxton (1916: 106). Quoted by Ziba Mir-Hosseini in volume five of Voices of Islam, pp. 85-113|When a woman marries, she sells a part of her person. In the market one buys merchandise, '''in marriage the husband buys the genital ''arvum mulieris'''''. As in any other bargain and sale, only useful and ritually clean objects may be given in dower.}}{{Quote|Ronak Husni, Daniel L. Newman, Muslim women in law and society: annotated translation of al-Tahir al Haddad al-Ṭāhir Ḥaddād, p. 182|The Arabic word for marriage is zawaj or '''nikah, the latter being derived from the verb nakaha (‘to have sexual intercourse’): cf. Qur. II: 230'''. Nikah is also used to denote the marriage contract (cf. ‘aqd, ‘aqd qiran).}}{{Quote|The Risala of 'Abdullah ibn Abi Zayd al-Qayrawani (310/922 - 386/996) A Treatise on Maliki Fiqh (Inc. commentary from ath-Thamr ad-Dani by al-Azhari) Ch. 32|[These are eight things. The first, marriage, is the root and rest are consequences. Each has a linguistic meaning and usage which we will mention in its proper place. Marriage '''(nikah) linguistically means intercourse''' and is used as a metaphor for the contract. In technical usage, it is actual for the contract and metaphorical for intercourse. It is used in custom to mean to mean intercourse as the Almighty says, "Until she marries a husband other than him," '''(2:230) and so it is known from this that nakaha is used for intercourse between any man and woman. Marriage in the sense of intercourse''' is only permitted in the Shari'a by one of two matters: the contract of marriage or ownership by the words of the Almighty, "those who guard their private parts – except from their wives or those they own as slaves, in which case they are not blameworthy." (23:5-6)}} | {{Main|The Meaning of Nikah}}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".{{Quote|Ruxton (1916: 106). Quoted by Ziba Mir-Hosseini in volume five of Voices of Islam, pp. 85-113|When a woman marries, she sells a part of her person. In the market one buys merchandise, '''in marriage the husband buys the genital ''arvum mulieris'''''. As in any other bargain and sale, only useful and ritually clean objects may be given in dower.}}{{Quote|Ronak Husni, Daniel L. Newman, Muslim women in law and society: annotated translation of al-Tahir al Haddad al-Ṭāhir Ḥaddād, p. 182|The Arabic word for marriage is zawaj or '''nikah, the latter being derived from the verb nakaha (‘to have sexual intercourse’): cf. Qur. II: 230'''. Nikah is also used to denote the marriage contract (cf. ‘aqd, ‘aqd qiran).}}{{Quote|The Risala of 'Abdullah ibn Abi Zayd al-Qayrawani (310/922 - 386/996) A Treatise on Maliki Fiqh (Inc. commentary from ath-Thamr ad-Dani by al-Azhari) Ch. 32|[These are eight things. The first, marriage, is the root and rest are consequences. Each has a linguistic meaning and usage which we will mention in its proper place. Marriage '''(nikah) linguistically means intercourse''' and is used as a metaphor for the contract. In technical usage, it is actual for the contract and metaphorical for intercourse. It is used in custom to mean to mean intercourse as the Almighty says, "Until she marries a husband other than him," '''(2:230) and so it is known from this that nakaha is used for intercourse between any man and woman. Marriage in the sense of intercourse''' is only permitted in the Shari'a by one of two matters: the contract of marriage or ownership by the words of the Almighty, "those who guard their private parts – except from their wives or those they own as slaves, in which case they are not blameworthy." (23:5-6)}} | ||
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It is not just traveling, that might necessitate Mutah, there are many in society who just does not have the financial ability / standing to get permanent married, yet they still have sexual desires, again Mut'ah is there to ensure that they practice sex within the boundaries set by Allah (swt). | It is not just traveling, that might necessitate Mutah, there are many in society who just does not have the financial ability / standing to get permanent married, yet they still have sexual desires, again Mut'ah is there to ensure that they practice sex within the boundaries set by Allah (swt). | ||
Islam is a religion that is suited for all nations and ages. Mut'ah is a good example of that. It is only the Deen of Islam that caters for sexual desire by permitting a legitimate method of control. For others societies the only mechanism that they see as the solution to relieving sexual feelings is through the practice of fornication. In the western world adultery and fornication are common and openly performed. Mut'ah is a way of protecting a person from committing these serious sins and vices.}} | Islam is a religion that is suited for all nations and ages. Mut'ah is a good example of that. It is only the Deen of Islam that caters for sexual desire by permitting a legitimate method of control. For others societies the only mechanism that they see as the solution to relieving sexual feelings is through the practice of fornication. In the western world adultery and fornication are common and openly performed. Mut'ah is a way of protecting a person from committing these serious sins and vices.}} | ||
==Domestic | ==Domestic lives== | ||
===Obedience=== | ===Obedience=== | ||
{{Quote|{{Quran|4|34}}|'''Men are the maintainers of women''' because Allah has made some of them to excel others and because they spend out of their property; the good women are therefore obedient, guarding the unseen as Allah has guarded…}} | Under Islamic law, women are obligated to obey their husbands in their domestic, social, professional, sexual and, to a limited extent, religious lives.{{Quote|{{Quran|4|34}}|'''Men are the maintainers of women''' because Allah has made some of them to excel others and because they spend out of their property; the good women are therefore obedient, guarding the unseen as Allah has guarded…}} | ||
{{Quote|{{Bukhari|7|62|123}}|Narrated Abu Huraira: | {{Quote|{{Bukhari|7|62|123}}|Narrated Abu Huraira: | ||
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“It is not permissible for a woman to dispose of her wealth except with her husband's permission, once he has married her.” }} | “It is not permissible for a woman to dispose of her wealth except with her husband's permission, once he has married her.” }} | ||
{{Quote|{{Al Tirmidhi||2|10|1160}}|Talq bin Ali narrated that The Messenger of Allah said: | |||
{{Quote||The true Muslim woman devotes herself to taking care of her house and husband. She knows her husband's rights over her, and how great they are, as was confirmed by the Prophet's words: | “When a man calls his wife to fulfill his need, then let her come, even if she is at the oven.” (Darussalam: Sahih)}}{{Quote|Tafsir Ibn Kathir - [http://www.tafsir.com/default.asp?sid=4&tid=11021 Qualities of the Righteous Wife]|[Tafsir ibn Kathir records the following hadith:] "The best woman is she who when you look at her she '''obeys you''', and when you are absent, she protects her honor and your property."}}In his book ''The Ideal Muslimah'', Dr. Muhammad Ali al-Hashimi writes:{{Quote|{{cite web|url=http://www.iupui.edu/~msaiupui/chapter4.html |title=The ideal Muslimah - Chapter 4 |publisher= |author= |date= |archiveurl= https://web.archive.org/web/20161006190029/http://www.iupui.edu/~msaiupui/chapter4.html |deadurl=no}}|The true Muslim woman devotes herself to taking care of her house and husband. She knows her husband's rights over her, and how great they are, as was confirmed by the Prophet's words: | ||
"No human being is permitted to prostrate to another, but if this were permitted I would have ordered wives to prostrate to their husbands, because of the greatness of the rights they have over them." | "No human being is permitted to prostrate to another, but if this were permitted I would have ordered wives to prostrate to their husbands, because of the greatness of the rights they have over them." | ||
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It is a great honour for a woman to take care of her husband every morning and evening, and wherever he goes, treating him with gentleness and good manners which will fill his life with joy, tranquility and stability. | It is a great honour for a woman to take care of her husband every morning and evening, and wherever he goes, treating him with gentleness and good manners which will fill his life with joy, tranquility and stability. | ||
`Aisha urged women to take good care of their husbands and to recognize the rights that their husbands had over them. She saw these rights as being so great and so important that a woman was barely qualified to wipe the dust from her husband's feet with her face, as she stated: "O womenfolk, if you knew the rights that your husbands have over you, every one of you would wipe the dust from her husband's feet with her face." | `Aisha urged women to take good care of their husbands and to recognize the rights that their husbands had over them. She saw these rights as being so great and so important that a woman was barely qualified to wipe the dust from her husband's feet with her face, as she stated: "O womenfolk, if you knew the rights that your husbands have over you, every one of you would wipe the dust from her husband's feet with her face." [...]<br> | ||
Marriage in Islam is intended to protect the chastity of men and women alike, therefore it is the woman's duty to respond to her husband's requests for conjugal relations. She should not give silly excuses and try to avoid it. For this reason, several hadith urge a wife to respond to her husband's needs as much as she is able, no matter how busy she may be or whatever obstacles there may be, so long as there is no urgent or unavoidable reason not to do so. | |||
<br>...<br> | <br>...<br> | ||
The issue of protecting a man's chastity and keeping him away from temptation is more important than anything else that a woman can do, because Islam wants men and women alike to live in an environment which is entirely pure and free from any motive of fitnah or haram pleasures. The flames of sexual desire and thoughts of pursuing them through haram means can only be extinguished by means of discharging that natural energy in natural and lawful ways.}} | The issue of protecting a man's chastity and keeping him away from temptation is more important than anything else that a woman can do, because Islam wants men and women alike to live in an environment which is entirely pure and free from any motive of fitnah or haram pleasures. The flames of sexual desire and thoughts of pursuing them through haram means can only be extinguished by means of discharging that natural energy in natural and lawful ways.}}Saudi feminist Wajeha Al-Huwaider describes the lives of many Arab women as similar to a prisoner. As she puts it, "the Arab woman is a prisoner in her own home, has committed no crime, was not captured in battle, does not belong to any terrorist group." | ||
=== | ===Punishment=== | ||
====Wife-beating==== | ====Wife-beating==== | ||
{{Main|Wife Beating in Islamic Law|Wife Beating in the Qur'an|Qur'an, Hadith and Scholars:Wife Beating}} | {{Main|Wife Beating in Islamic Law|Wife Beating in the Qur'an|Qur'an, Hadith and Scholars:Wife Beating}}{{Quran|4|34}} instructs Muslims men to, among other things, beat their wives if they fear disobedience from them. Muslim scholars agree on the permissibility of the practice but disagree on the conditions for and nature of the beating permitted. Some modernist Islamic scholars argue that the term "[[Wife Beating in Islam|and beat them]]" speaks only metaphorically. Some other scholars, including historically, have argued that it means only a simple strike, as with hitting them with a feather or toothpick. The Islamic tradition and scriptures militate against this rereading, which, as a result, has failed to achieve widespread purchase amongst Muslim scholars. | ||
Ibn | Muhammad made attempts to limit the degree of violence, saying, "None of you should flog his wife as he flogs a slave and then have sexual intercourse with her in the last part of the day"<ref>{{Bukhari|7|62|132}}</ref>, but also declared "A man should not be asked why he beats his wife."<ref>{{Ibn Majah||3|9|1986}} (graded Hasan)</ref> Hadiths report that Muhammad hit Aisha<ref>{{Quote|{{Muslim|4|2127}}|...He (Muhammad b. Qais) then reported that it was 'A'isha who had narrated this: Should I not narrate to you about myself and about the Messenger of Allah (may peace be upon him)? We said: Yes. ... he (the Holy Prophet) entered the (house), and said: Why is it, O 'A'isha, that you are out of breath? I said: There is nothing. He said: Tell me or the Subtle and the Aware would inform me. I said: Messenger of Allah, may my father and mother be ransom for you, and then I told him (the whole story). He said: Was it the darkness (of your shadow) that I saw in front of me? I said: Yes. ''He struck me on the chest which caused me pain'', and then said: Did you think that Allah and His Apostle would deal unjustly with you?}}</ref>, who is herself reported to have said, "I have not seen any woman suffering as much as the believing women. Look! Her skin is greener than her clothes!"<ref>"...''so when Allah's Apostle came, 'Aisha said, "I have not seen any woman suffering as much as the believing women. Look! Her skin is greener than her clothes!"...''" - {{Bukhari|7|72|715}}</ref>{{Quote|{{Quran|4|34}}|Men are overseers over women, by reason of that wherewith Allah hath made one of them excel over another, and by reason of that which they expend of their substance. Wherefore righteous women are obedient, and are watchers in husbands absence by the aid and protection of Allah. And those wives whose refractoriness ye fear, exhort them, and avoid them in beds, and beat them; but if they obey you, seek not a way against them; verily Allah is ever Lofty, Grand.}}One of the earliest and arguably most important biographies on Muhammad's life, that of Ibn Ishaq, records the following: | ||
{{Quote|| | {{Quote|Sirat Rasul Allah, ibn Ishaq, A. Guillaume, translator. Oxford University Press, 1955, page 651.|You have rights over your wives and they have rights over you. You have the right that they should not defile your bed and that they should not behave with open unseemliness. If they do, '''God allows you to put them in separate rooms and to beat them but not with severity'''. If they refrain from these things they have the right to their food and clothing with kindness.}} | ||
Ibn Kathir | Ibn Kathir, the author of one of the most relied-upon exegetical works on the Quran, elaborates what constitutes ill conduct: | ||
{{Quote||[It is] the woman from whom you see ill conduct with her husband,''' such as when she acts as if she is above her husband, disobeys him, ignores him, dislikes him, and so forth'''. When these signs appear in a woman, her husband should advise her and remind her of Allah's torment if she disobeys him. Indeed, '''Allah ordered the wife to obey her husband''' and prohibited her from disobeying him, because of the ''enormity of his rights'' and all that he does for her.<ref>Tafsir Ibn Kathir - [http://www.tafsir.com/default.asp?sid=4&tid=11037 Dealing with the Wife's Ill-Conduct] - Tafsir.com</ref>}} | {{Quote||[It is] the woman from whom you see ill conduct with her husband,''' such as when she acts as if she is above her husband, disobeys him, ignores him, dislikes him, and so forth'''. When these signs appear in a woman, her husband should advise her and remind her of Allah's torment if she disobeys him. Indeed, '''Allah ordered the wife to obey her husband''' and prohibited her from disobeying him, because of the ''enormity of his rights'' and all that he does for her.<ref>Tafsir Ibn Kathir - [http://www.tafsir.com/default.asp?sid=4&tid=11037 Dealing with the Wife's Ill-Conduct] - Tafsir.com</ref>}} | ||
Scholar Abdul-latif Mushtahiri: | The Scholar Abdul-latif Mushtahiri states: | ||
{{Quote||If admonishing and sexual desertion fail to bring forth results and the woman is of a cold and stubborn type, '''the Qur'an bestows on man the right to straighten her out by way of punishment and beating provided he does not break her bones nor shed blood'''. Many a wife belongs to this querulous type and requires this sort of punishment to bring her to her senses!<ref> Quoted in: [http://www.answering-islam.org/BehindVeil/btv3.html The Veil of Equality and Justice: Section 2] - Answering Islam</ref>}} | |||
====Divine wrath==== | ====Divine wrath==== | ||
{{Quote|{{Al Tirmidhi|2|1|2|360}}| | Women who fail to obey their husbands, particularly when it comes to their husband's sexual desires, face the wrath of God and the angels.{{Quote|1={{Bukhari|7|62|121}}; see also {{Muslim|8|3366}}|2= Narrated Abu Huraira: | ||
Abu Umamah narrated that : | The Prophet said, "If a man invites his wife to sleep with him and she refuses to come to him, then the angels send their curses on her till morning."}}{{Quote|{{Al Tirmidhi|2|1|2|360}}|Abu Umamah narrated that : Allah's Messenger said: "There are three whose Salat would not rise up beyond their ears: The runaway slave until he returns, a woman who spends a night while her husband is angry with her, and a people's Imam whom they dislike."}} | ||
Allah's Messenger said: "There are three whose Salat would not rise up beyond their ears: The runaway slave until he returns, a woman who spends a night while her husband is angry with her, and a people's Imam whom they dislike."}} | |||
===Rights=== | ===Rights=== | ||
{{Quote|{{Quran|4|19}}|O ye who believe! '''Ye are forbidden to inherit women against their will. Nor should ye treat them with harshness'''…except where they have been guilty of open lewdness; on the contrary '''live with them on a footing of kindness and equity'''. If ye take a dislike to them it may be that ye dislike a thing, and Allah brings about through it a great deal of good.}} | 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.{{Quote|{{Quran|4|19}}|O ye who believe! '''Ye are forbidden to inherit women against their will. Nor should ye treat them with harshness'''…except where they have been guilty of open lewdness; on the contrary '''live with them on a footing of kindness and equity'''. If ye take a dislike to them it may be that ye dislike a thing, and Allah brings about through it a great deal of good.}} | ||
{{Quote|{{Quran|65|6}}|'''Lodge them where you lodge according to your means, and do not injure them''' in order that you may straiten them…}} | {{Quote|{{Quran|65|6}}|'''Lodge them where you lodge according to your means, and do not injure them''' in order that you may straiten them…}} | ||
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Some scholars today and historically have suggested a way around this:.{{Quote|{{Muslim|8|3425}}|'A'isha (Allah be pleased with her) reported that Salim, the freed slave of Abu Hadhaifa, lived with him and his family in their house. She (i.e. the daughter of Suhail) came to Allah's Apostle (may peace be upon him) and said: Salim has attained (puberty) as men attain, and he understands what they understand, and he enters our house freely, I, however, perceive that something (rankles) in the heart of Abu Hudhaifa, whereupon '''Allah's Apostle (may peace be upon him) said to her: Suckle him and you would become unlawful for him''', and (the rankling) which Abu Hudhaifa feels in his heart will disappear. '''She returned and said: So I suckled him, and what (was there) in the heart of Abu Hudhaifa disappeared'''.}}Dr. Atiyya, the head of the Hadith Department in Al-Azhar University, repeatedly declared that the sources he quoted belonged to the Islamic holy texts with the highest possible authority. According to him, no fewer than 90,000 contemporary scholars confirmed that the hadith referred to is authentic. | Some scholars today and historically have suggested a way around this:.{{Quote|{{Muslim|8|3425}}|'A'isha (Allah be pleased with her) reported that Salim, the freed slave of Abu Hadhaifa, lived with him and his family in their house. She (i.e. the daughter of Suhail) came to Allah's Apostle (may peace be upon him) and said: Salim has attained (puberty) as men attain, and he understands what they understand, and he enters our house freely, I, however, perceive that something (rankles) in the heart of Abu Hudhaifa, whereupon '''Allah's Apostle (may peace be upon him) said to her: Suckle him and you would become unlawful for him''', and (the rankling) which Abu Hudhaifa feels in his heart will disappear. '''She returned and said: So I suckled him, and what (was there) in the heart of Abu Hudhaifa disappeared'''.}}Dr. Atiyya, the head of the Hadith Department in Al-Azhar University, repeatedly declared that the sources he quoted belonged to the Islamic holy texts with the highest possible authority. According to him, no fewer than 90,000 contemporary scholars confirmed that the hadith referred to is authentic. | ||
== Inheritance == | ==Inheritance== | ||
==See also== | ==See also== | ||