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==Marriage==
==Marriage==


=== Restrictions on choice ===
===Restrictions on choice===


====Prohibition on marrying non-Muslim men====
====Prohibition on marrying non-Muslim men====
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The following quotations regarding Mut'ah marriages are from a Shi'ite Muslim website.<ref>[http://www.answering-ansar.org/answers/mutah/en/index.php-http://www.answering-ansar.org/answers/mutah/en/index.php The Marriage of Mut'ah: Introduction: Preface] - Answering Ansar</ref>  
The following quotations regarding Mut'ah marriages are from a Shi'ite Muslim website.<ref>[http://www.answering-ansar.org/answers/mutah/en/index.php-http://www.answering-ansar.org/answers/mutah/en/index.php The Marriage of Mut'ah: Introduction: Preface] - Answering Ansar</ref>
{{Quote||Whenever man sets foot on the earth the need to travel always emerges. Sometimes traveling can involve man going thousands of miles away from home, sometimes for moths, even years. Do one's sexual desires just evaporate when an individual is traveling? Sexual desire isn't like some light switch that turns off when a man leaves his wife to set off on his travels, and turns back home when he gets back! Sexual desire is something that remains permanently with a human, when it accompanies him at all times then how can he curtail such sexual feelings? When someone is traveling and accessing his wife is impossible, and he is incapable of summing her to join him, then what will a young red-blooded male do? Miles away from home, feeling sexually aroused his situation is not one wherein he can get permanently married, so what is he to do? He will feel the only way that he can relieve himself is by amalgamating himself into the society around him. Islam does not permit a person to sexually relieve himself through masturbation nor is he permitted to adopt the ways of the kufr and indulge himself in fornication, it offers him a legitimate mechanism with which to relieve himself and that is temporary marriage.


:Whenever man sets foot on the earth the need to travel always emerges. Sometimes traveling can involve man going thousands of miles away from home, sometimes for moths, even years. Do one's sexual desires just evaporate when an individual is traveling? Sexual desire isn't like some light switch that turns off when a man leaves his wife to set off on his travels, and turns back home when he gets back! Sexual desire is something that remains permanently with a human, when it accompanies him at all times then how can he curtail such sexual feelings? When someone is traveling and accessing his wife is impossible, and he is incapable of summing her to join him, then what will a young red-blooded male do? Miles away from home, feeling sexually aroused his situation is not one wherein he can get permanently married, so what is he to do? He will feel the only way that he can relieve himself is by amalgamating himself into the society around him.  Islam does not permit a person to sexually relieve himself through masturbation nor is he permitted to adopt the ways of the kufr and indulge himself in fornication, it offers him a legitimate mechanism with which to relieve himself and that is temporary marriage.
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.}}{{Quote|{{Bukhari|6|60|139}}| Narrated Abdullah:
: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.
 
{{Quote|{{Bukhari|6|60|139}}| Narrated Abdullah:
We used to participate in the holy wars carried on by the Prophet and we had no women (wives) with us. So we said (to the Prophet ). "Shall we castrate ourselves?" But the Prophet forbade us to do that and thenceforth he allowed us to marry a woman (temporarily) by giving her even a garment, and then he recited: "O you who believe! Do not make unlawful the good things which Allah has made lawful for you." {{Quran|5|87}} }}
We used to participate in the holy wars carried on by the Prophet and we had no women (wives) with us. So we said (to the Prophet ). "Shall we castrate ourselves?" But the Prophet forbade us to do that and thenceforth he allowed us to marry a woman (temporarily) by giving her even a garment, and then he recited: "O you who believe! Do not make unlawful the good things which Allah has made lawful for you." {{Quran|5|87}} }}


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{{Quote|{{Muslim|8|3252}}|Sabra Juhanni reported: Allah's Messenger (may peace be upon him) permitted temporary marriage for us. So I and another person went out and saw a woman of Bana 'Amir, who was like a young long-necked she-camel. We presented ourselves to her (for contracting temporary marriage), whereupon she said: What dower would you give me? I said: My cloak. And my companion also said: My cloak. And the cloak of-my companion was superior to my cloak, but I was younger than he. So when she looked at the cloak of my companion she liked it, and when she cast a glance at me I looked more attractive to her. She then said: Well, you and your cloak are sufficient for me. I remained with her for three nights, and then Allah's Messenger (may peace be upon him) said: He who has any such woman with whom he had contracted temporary marriage, he should let her off.}}{{Quote|https://quranx.com/Hadith/Muslim/USC-MSA/Book-8/Hadith-3248|Ibn Uraij reported:
{{Quote|{{Muslim|8|3252}}|Sabra Juhanni reported: Allah's Messenger (may peace be upon him) permitted temporary marriage for us. So I and another person went out and saw a woman of Bana 'Amir, who was like a young long-necked she-camel. We presented ourselves to her (for contracting temporary marriage), whereupon she said: What dower would you give me? I said: My cloak. And my companion also said: My cloak. And the cloak of-my companion was superior to my cloak, but I was younger than he. So when she looked at the cloak of my companion she liked it, and when she cast a glance at me I looked more attractive to her. She then said: Well, you and your cloak are sufficient for me. I remained with her for three nights, and then Allah's Messenger (may peace be upon him) said: He who has any such woman with whom he had contracted temporary marriage, he should let her off.}}{{Quote|https://quranx.com/Hadith/Muslim/USC-MSA/Book-8/Hadith-3248|Ibn Uraij reported:


'Ati' reported that jibir b. Abdullah came to perform 'Umra, and we came to his abode, and the people asked him about different things, and then they made a mention of temporary marriage, whereupon he said: Yes, we had been benefiting ourselves by this temporary marriage during the lifetime of the Prophet (ﷺ) and during the time of Abu Bakr and 'Umar.}}
'Ati' reported that jibir b. Abdullah came to perform 'Umra, and we came to his abode, and the people asked him about different things, and then they made a mention of temporary marriage, whereupon he said: Yes, we had been benefiting ourselves by this temporary marriage during the lifetime of the Prophet (ﷺ) and during the time of Abu Bakr and 'Umar.}}{{Quote||Imam al-Baydawi, in his tafsir, says, "The purpose of the contractual marriage is the mere pleasure of intercourse with a woman, and her own enjoyment in what she has given" (p. 108, ''The Interpretation of the Baydawi'').}}
Imam al-Baydawi, in his famous book, ''The Interpretation of the Baydawi'', says, "The purpose of the contractual marriage is the mere pleasure of intercourse with a woman, and her own enjoyment in what she has given" (p. 108).
 
===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 a ''nikah'' (intercourse) contract, as 'the recompense for your having had the right to intercourse with her'.{{quote | {{Muslim|9|3557}} |
{{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 a ''nikah'' (intercourse) contract, as 'the recompense for your having had the right to intercourse with her'.{{quote | {{Muslim|9|3557}} |
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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.}}


===Rape of Wives, Captives, and Slave Women in Islam===
{{Main|Rape in Islam|Qur'an, Hadith and Scholars:Rape}}The Qur'an and hadith and, subsequently, Islamic law, all allow men to rape their female slaves, wives ({{Quran|2|223}}), and women captured in war. The rape of other then one's slaves is, however, prohibited. Still, several hadiths describe the rape of captive women by Muhammad's companions and his failure to condemn such actions when made known to him.
Qur'an chapter 4 verse 24 discusses lawful and forbidden women for Muslim men.{{Quote|{{Quran|4|24}}|Also (forbidden are) women already married, except those whom your right hands possess. Thus has Allah ordained for you. All others are lawful, provided you seek them from your property, desiring chastity, not fornication. So with those among them whom you have enjoyed, give them their required due, but if you agree mutually after the requirement (has been determined), there is no sin on you. Surely, Allah is Ever All-Knowing, All-Wise.}}What we see in the beginning of this verse as “forbidden” refers to sexual intercourse. The Qur'an dictates, women already married are forbidden for Muslims except those whom their right hands possess (sex slaves). It is obvious from this verse, a Muslim can have sexual relations with his slave-woman.
====Coitus Interruptus====
{{Main|Qur'an, Hadith and Scholars:Al-'Azl}}'''Al-'Azl''', (العزل) also known as ''coitus interruptus'', is the practice of having sexual intercourse with a woman but withdrawing the penis before ejaculation. This was an important topic for Muhammad and his companions as evidenced by the abundance of Hadith material on the subject.
According to Muhammad, when raping a captive, it's better if you do not pull out the penis at the end.{{Quote|1={{Bukhari|3|34|432}}|2=Narrated Abu Said Al-Khudri: that while he was sitting with Allah's Apostle he said, "O Allah's Apostle! '''We get female captives as our share of booty, and we are interested in their prices, what is your opinion about coitus interruptus'''?" The Prophet said, "Do you really do that? It is better for you not to do it. No soul that which Allah has destined to exist, but will surely come into existence."}}
===Disciplinary punishment===
===Disciplinary punishment===
====Wife-beating====
====Wife-beating====
{{Quote|{{Quran|4|34}}|Men are the protectors and maintainers of women, because Allah has given the one more (strength) than the other, and because they support them from their means. Therefore the righteous women are devoutly obedient, and guard in (the husband's) absence what Allah would have them guard. '''As to those women on whose part ye fear disloyalty and ill-conduct, admonish them (first), (Next), refuse to share their beds, (And last) beat them''' (lightly); but if they return to obedience, seek not against them Means (of annoyance): For Allah is Most High, great (above you all).}}[[:Category:Islamic_Apologists|Muslim apologists]] will assert that the term "[[Wife Beating in Islam|and beat them]]" speaks only metaphorically. Others insist it means only a simple strike, as with hitting them with a feather or toothpick. Yusuf Ali adds the word 'lightly,' which never appears in the Arabic. Yet, a simple observation of the text shows any of the above to be erroneous.
{{Main|Wife Beating in Islamic Law|Wife Beating in the Qur'an|Qur'an, Hadith and Scholars:Wife Beating}}{{Quote|{{Quran|4|34}}|Men are the protectors and maintainers of women, because Allah has given the one more (strength) than the other, and because they support them from their means. Therefore the righteous women are devoutly obedient, and guard in (the husband's) absence what Allah would have them guard. '''As to those women on whose part ye fear disloyalty and ill-conduct, admonish them (first), (Next), refuse to share their beds, (And last) beat them''' (lightly); but if they return to obedience, seek not against them Means (of annoyance): For Allah is Most High, great (above you all).}}[[:Category:Islamic_Apologists|Muslim apologists]] will assert that the term "[[Wife Beating in Islam|and beat them]]" speaks only metaphorically. Others insist it means only a simple strike, as with hitting them with a feather or toothpick. Yusuf Ali adds the word 'lightly,' which never appears in the Arabic. Yet, a simple observation of the text shows any of the above to be erroneous.


The text presents a series of progressive disciplinary measures if a man suspects disobedience from his wife:  
The text presents a series of progressive disciplinary measures if a man suspects disobedience from his wife:  
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Scholar Abdul-latif Mushtahiri:  
Scholar Abdul-latif Mushtahiri:  


{{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>}}
{{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>}}Wife-beating in the Muslim world comes from the teachings of Islamic religious texts such as the Quran and the Hadiths. It has been an accepted part of Islam since its inception. Muhammad himself made attempts to limit the degree of violence, yet nevertheless declared "A man should not be asked why he beats his wife."<ref>{{Ibn Majah||3|9|1986}} (graded Hasan)</ref> and according to Aisha, "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> Domestic violence has been used as a tool to maintain control and dominance over Muslim women, this has created an intensely patriarchal society where men rule women and women must submit to men. This article explores how wife-beating is authorized by the Qur'an and Hadiths along with commentary from Muslim scholars, statistics on wife beating in the Muslim world and common apologetic arguments made by Muslims and responses to them.
====Domestic Violence Against Women in Islam====
 
{{Main|Wife Beating in Islamic Law|Qur'an, Hadith and Scholars:Wife Beating}}Wife-beating in the Muslim world comes from the teachings of Islamic religious texts such as the Quran and the Hadiths. It has been an accepted part of Islam since its inception. Muhammad himself made attempts to limit the degree of violence, yet nevertheless declared "A man should not be asked why he beats his wife."<ref>{{Ibn Majah||3|9|1986}} (graded Hasan)</ref> and according to Aisha, "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> Domestic violence has been used as a tool to maintain control and dominance over Muslim women, this has created an intensely patriarchal society where men rule women and women must submit to men. This article explores how wife-beating is authorized by the Qur'an and Hadiths along with commentary from Muslim scholars, statistics on wife beating in the Muslim world and common apologetic arguments made by Muslims and responses to them.
This article looks at the mysterious translation of the verb ''darb'' (meaning "hit" "beat" or "strike") that has been presented on a few sites which claim to have "modern" translations of the Qur'an and are directed at non-Arabic speakers who lack adequate command of the language.
In-Depth Analysis of an Apologetic Claim{{Main|Beat your Wives or Separate from Them - Quran 4-34|l1=Beat your Wives or "Separate from Them"?}}This article looks at the mysterious translation of the verb ''darb'' (meaning "hit" "beat" or "strike") that has been presented on a few sites which claim to have "modern" translations of the Qur'an and are directed at non-Arabic speakers who lack adequate command of the language.
It has been claimed that the following verse ('''4:34''') does not mean "to beat them," but rather to "separate from them" or to "strike them out."{{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."'' <ref name="darayabadi4-34">[http://www.quran4theworld.com/translations/Majid/4_31-60.htm Quran 4 the World - Quran 4:34 (Daryabadi)]</ref> }}''Beat them'' and ''leave/separate/abandon them'' are different phrases in Arabic. The arabic word ''idribohunna'' derived from the root word ''Darab'' does not have any other meaning than ''Beat'' when it comes to mean ''"Yadreb Ahadan"'' = Hit someone. ''Idriboohunna'' <font size="4">(أضربوهن)</font> means beat them (for female plural). ''Adriboo Anhunna'' <font size="4">(اضربوا عنهن)</font> is the one that means abandon or leave them. According to the Arabic lexicon<ref>"[http://lexicons.sakhr.com/html/7071942.html arabic-lexicon]" (page in Arabic language)</ref>:
It has been claimed that the following verse ('''4:34''') does not mean "to beat them," but rather to "separate from them" or to "strike them out."{{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."'' <ref name="darayabadi4-34">[http://www.quran4theworld.com/translations/Majid/4_31-60.htm Quran 4 the World - Quran 4:34 (Daryabadi)]</ref> }}''Beat them'' and ''leave/separate/abandon them'' are different phrases in Arabic. The arabic word ''idribohunna'' derived from the root word ''Darab'' does not have any other meaning than ''Beat'' when it comes to mean ''"Yadreb Ahadan"'' = Hit someone. ''Idriboohunna'' <font size="4">(أضربوهن)</font> means beat them (for female plural). ''Adriboo Anhunna'' <font size="4">(اضربوا عنهن)</font> is the one that means abandon or leave them. According to the Arabic lexicon<ref>"[http://lexicons.sakhr.com/html/7071942.html arabic-lexicon]" (page in Arabic language)</ref>:
{| class="wikitable"
{| class="wikitable"
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==Divorce==
==Divorce==


====The marriage of women who convert to Islam or whose husbands leave Islam is annulled====
====The marriages of female converts and those with apostate husbands are nullified====


Based on another Qur'anic verse and numerous hadiths, Islamic jurisprudence has often decreed the break-up of existing marriages when a wife converts to Islam but the husband does not to do so. This ruling, for which there is also classical scholarly consensus<ref name="IndianaLawJournal" /><ref>[https://islamqa.info/en/answers/3408/stories-of-women-who-became-muslim-and-left-their-non-muslim-husbands Stories of Women who Became Muslim and Left their Non-Muslim Husbands - IslamQA.info]</ref>, is based on the following verse:
Based on another Qur'anic verse and numerous hadiths, Islamic jurisprudence has often decreed the break-up of existing marriages when a wife converts to Islam but the husband does not to do so. This ruling, for which there is also classical scholarly consensus<ref name="IndianaLawJournal" /><ref>[https://islamqa.info/en/answers/3408/stories-of-women-who-became-muslim-and-left-their-non-muslim-husbands Stories of Women who Became Muslim and Left their Non-Muslim Husbands - IslamQA.info]</ref>, is based on the following verse:
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The classical scholars also ruled that if on the other hand a husband converts to Islam, the marriage remains intact so long as his wife is a Christian or Jew. If a Muslim husband or wife leaves Islam, the marriage to his or her Muslim spouse is immediately annulled, though some held that the marriage is unaffected if only the wife leaves the religion, while others said that she becomes the husband's slave.<ref name="IndianaLawJournal" />
The classical scholars also ruled that if on the other hand a husband converts to Islam, the marriage remains intact so long as his wife is a Christian or Jew. If a Muslim husband or wife leaves Islam, the marriage to his or her Muslim spouse is immediately annulled, though some held that the marriage is unaffected if only the wife leaves the religion, while others said that she becomes the husband's slave.<ref name="IndianaLawJournal" />


====Grounds for a Man to Divorce His Wife====
====Requirements for divorce====
{{Quote|{{Bukhari|3|49|859}}| Narrated Aisha:
A wife can ask her husband to divorce her, and if he releases her from the marriage she makes a payment to him of the mahr (dowery) she had received or other agreed payment. This is known as khula'. If he refuses, she can try to get a divorce by judicial decree when there are grounds for which his consent is not required (such as inability or failure to fulfil his marital obligations, desertion, insanity, cruelty).{{Quote|{{Quran-range|2|228|229}}|Divorced women shall wait concerning themselves for three monthly periods. Nor is it lawful for them to hide what Allah Hath created in their wombs…. And their husbands have the better right to take them back in that period, if they wish for reconciliation. And women shall have rights similar to the rights against them, according to what is equitable; but men have a degree (of advantage) over them. A divorce is only permissible twice: after that, the parties should either hold Together on equitable terms, or separate with kindness. It is not lawful for you, (Men), to take back any of your gifts (from your wives), except when both parties fear that they would be unable to keep the limits ordained by Allah. If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah, there is no blame on either of them if she give something for her freedom. These are the limits ordained by Allah; so do not transgress them if any do transgress the limits ordained by Allah, such persons wrong (Themselves as well as others).}}
The following Verse: If a woman fears cruelty or desertion on her husband's part (i.e. '''the husband notices something unpleasant about his wife, such as old age or the like, and wants to divorce her''', but she asks him to keep her and provide for her as he wishes). Quran 4:128 "There is no blame on them if they reconcile on such basis."}}
 
{{Quote|{{Quran|2|229}}|The divorce is twice, after that either you retain her on reasonable terms or release her with kindness..}}
 
====Ibn Kathir, the one of the most respected of Qur'an commentators:====
{{Quote||Divorce is thrice. This honorable ayah abrogated the previous practice in the beginning of Islam, when the man had the right to take back his divorced wife even if he had divorced her a hundred times. This situation was harmful for the wife, and this is why Allah made the divorce thrice, where the husband is allowed to take back his wife after the first and the second divorce… The divorce becomes irrevocable after the third divorce.<ref> Tafsir Ibn Kathir (abridged), Shaykh Safiur-Rahman Al-Mubarakpuri et al, translators (Riyadh: Darussalam, 2000), vol 1, p. 635.</ref>}}
 
====Divorce process for women====
 
A wife can ask her husband to divorce her, and if he releases her from the marriage she makes a payment to him of the mahr (dowery) she had received or other agreed payment. This is known as khula'. If he refuses, she can try to get a divorce by judicial decree when there are grounds for which his consent is not required (such as inability or failure to fulfil his marital obligations, desertion, insanity, cruelty).  
 
{{Quote|{{Quran-range|2|228|229}}|Divorced women shall wait concerning themselves for three monthly periods. Nor is it lawful for them to hide what Allah Hath created in their wombs…. And their husbands have the better right to take them back in that period, if they wish for reconciliation. And women shall have rights similar to the rights against them, according to what is equitable; but men have a degree (of advantage) over them. A divorce is only permissible twice: after that, the parties should either hold Together on equitable terms, or separate with kindness. It is not lawful for you, (Men), to take back any of your gifts (from your wives), except when both parties fear that they would be unable to keep the limits ordained by Allah. If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah, there is no blame on either of them if she give something for her freedom. These are the limits ordained by Allah; so do not transgress them if any do transgress the limits ordained by Allah, such persons wrong (Themselves as well as others).}}


Ibn Kathir quotes Sahih Muslim:  
Ibn Kathir quotes Sahih Muslim:  
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{{Quote|{{Bukhari|3|43|630}}|Narrated Aisha:  
{{Quote|{{Bukhari|3|43|630}}|Narrated Aisha:  


Regarding the explanation of the following verse:-- "If a wife fears Cruelty or desertion On her husband's part." (4.128) A man may dislike his wife and intend to divorce her, so she says to him, "I give up my rights, so do not divorce me." The above verse was revealed concerning such a case.}}
Regarding the explanation of the following verse:-- "If a wife fears Cruelty or desertion On her husband's part." (4.128) A man may dislike his wife and intend to divorce her, so she says to him, "I give up my rights, so do not divorce me." The above verse was revealed concerning such a case.}}vs. Requirements for men:{{Quote|{{Bukhari|3|49|859}}| Narrated Aisha:
The following Verse: If a woman fears cruelty or desertion on her husband's part (i.e. '''the husband notices something unpleasant about his wife, such as old age or the like, and wants to divorce her''', but she asks him to keep her and provide for her as he wishes). Quran 4:128 "There is no blame on them if they reconcile on such basis."}}
 
{{Quote|{{Quran|2|229}}|The divorce is twice, after that either you retain her on reasonable terms or release her with kindness..}}{{Quote||Divorce is thrice. This honorable ayah abrogated the previous practice in the beginning of Islam, when the man had the right to take back his divorced wife even if he had divorced her a hundred times. This situation was harmful for the wife, and this is why Allah made the divorce thrice, where the husband is allowed to take back his wife after the first and the second divorce… The divorce becomes irrevocable after the third divorce.<ref> Tafsir Ibn Kathir (abridged), Shaykh Safiur-Rahman Al-Mubarakpuri et al, translators (Riyadh: Darussalam, 2000), vol 1, p. 635.</ref>}}


====Muhallil Marriage====
====Obligatory marriages====
A woman can remarry her first husband only if she marries another man and consummates the marriage with him, then proceeds to divorce that man: {{Quote|{{Quran|2|230}}| So if a husband divorces his wife (irrevocably), He cannot, after that, re-marry her until after she has married another husband and He has divorced her.}}
A woman can remarry her first husband only if she marries another man and consummates the marriage with him, then proceeds to divorce that man: {{Quote|{{Quran|2|230}}| So if a husband divorces his wife (irrevocably), He cannot, after that, re-marry her until after she has married another husband and He has divorced her.}}


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==Concubinage==
==Concubinage==
===Adultery (with slaves) is Permitted in Islam===
===Permissibility of female sexual slavery===
 
:''Main Articles: [[Zina]], and [[Qur'an, Hadith and Scholars:Stoning|The Punishment for Zina]]''
 
Zina (Arabic: الزنا‎ ) is the Arabic word for "unlawful sexual relations."  It is used to refer to both adultery and fornication.
 
The Islamic definition of adultery differs from the modern/secular definition as well as the Biblical definition.  The meaning also differs in relation to gender. Adultery is a serious offense in Islam and earns the death penalty. However, according to the most widely accepted definitions of the term, Islam in fact allows adultery, so long as it is with one's slave women.
 
Moreover, not only may a Muslim man have sex with a married woman who is his slave, but he may also sell or give her as a slave to another man for him to have sex with .
===Men Can Have Sex with (Rape) Female Slaves===
{{Quote|{{Quran|4|3}}| If ye fear that ye shall not be able to deal justly with the orphans, Marry women of your choice, Two or three or four; but if ye fear that ye shall not be able to deal justly (with them), then only one, '''or (a captive) that your right hands possess.'''}}
{{Quote|{{Quran|4|3}}| If ye fear that ye shall not be able to deal justly with the orphans, Marry women of your choice, Two or three or four; but if ye fear that ye shall not be able to deal justly (with them), then only one, '''or (a captive) that your right hands possess.'''}}


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{{quote||'''"Islam has made it lawful to its followers to have sex through marriage as well as with what the right hand possesses,''' while (for Jews and Christians) they may have sex through marriage only. They are not (allowed to have sex with) what their hand possesses.}}
{{quote||'''"Islam has made it lawful to its followers to have sex through marriage as well as with what the right hand possesses,''' while (for Jews and Christians) they may have sex through marriage only. They are not (allowed to have sex with) what their hand possesses.}}


===Women Cannot Have Sex with Male Slaves and POWs===
==== Prohibition on male sexual slavery ====
In a tafsir explaining surah 23 verses 1-7 of the Qur'an, Abul A'la Maududi explains that women are not allowed to have sex with male slaves and captives.
In a tafsir explaining surah 23 verses 1-7 of the Qur'an, Abul A'la Maududi explains that women are not allowed to have sex with male slaves and captives.
{{Quote|[[w:Abul A'la Maududi|Abul A'la Maududi]]. [http://www.englishtafsir.com/Quran/23/index.html Tafhim al-Qur'an - The Meaning of the Qur'an]. Archived at [http://www.webcitation.org/6mJ45IZ0w]. |"Most certainly those Believers have attained true success who perform their Salat with humility: who refrain from vain things. who spend their Zakat dues in appropriate ways. who guard their private parts scrupulously. except with regard to their wives and those women who are legally in their possession, for in that case they shall not be blame-worthy. but those who go beyond this (in lust for sexual desires), shall be transgressors[7]"
{{Quote|[[w:Abul A'la Maududi|Abul A'la Maududi]]. [http://www.englishtafsir.com/Quran/23/index.html Tafhim al-Qur'an - The Meaning of the Qur'an]. Archived at [http://www.webcitation.org/6mJ45IZ0w]. |"Most certainly those Believers have attained true success who perform their Salat with humility: who refrain from vain things. who spend their Zakat dues in appropriate ways. who guard their private parts scrupulously. except with regard to their wives and those women who are legally in their possession, for in that case they shall not be blame-worthy. but those who go beyond this (in lust for sexual desires), shall be transgressors[7]"


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The law prescribed in the parenthesis is only applicable to men as is clear from the Text. A woman in the time of Hadrat `Umar did not understand this fine point of the language and indulged in sexual gratification with her slave. When her case was brought before the consultative body of the Companions, they gave the unanimous decision: "She misinterpreted the Book of Allah.".... The wisdom of why '''the slave has been forbidden to the woman''' is that he can only satisfy her sexual desire but cannot become guardian and governor of herself and her household, which leaves a serious flaw in the family life.}}
The law prescribed in the parenthesis is only applicable to men as is clear from the Text. A woman in the time of Hadrat `Umar did not understand this fine point of the language and indulged in sexual gratification with her slave. When her case was brought before the consultative body of the Companions, they gave the unanimous decision: "She misinterpreted the Book of Allah.".... The wisdom of why '''the slave has been forbidden to the woman''' is that he can only satisfy her sexual desire but cannot become guardian and governor of herself and her household, which leaves a serious flaw in the family life.}}


===Ban on Forcing Slave Girls into Prostitution===
====Permissibility of raping captives and slaves====
{{Main|Rape in Islam|Qur'an, Hadith and Scholars:Rape}}The Qur'an and hadith and, subsequently, Islamic law, all allow men to rape their female slaves, wives ({{Quran|2|223}}), and women captured in war. The rape of other then one's slaves is, however, prohibited. Still, several hadiths describe the rape of captive women by Muhammad's companions and his failure to condemn such actions when made known to him.
Qur'an chapter 4 verse 24 discusses lawful and forbidden women for Muslim men.{{Quote|{{Quran|4|24}}|Also (forbidden are) women already married, except those whom your right hands possess. Thus has Allah ordained for you. All others are lawful, provided you seek them from your property, desiring chastity, not fornication. So with those among them whom you have enjoyed, give them their required due, but if you agree mutually after the requirement (has been determined), there is no sin on you. Surely, Allah is Ever All-Knowing, All-Wise.}}What we see in the beginning of this verse as “forbidden” refers to sexual intercourse. The Qur'an dictates, women already married are forbidden for Muslims except those whom their right hands possess (sex slaves). It is obvious from this verse, a Muslim can have sexual relations with his slave-woman.
====Coitus Interruptus====
{{Main|Qur'an, Hadith and Scholars:Al-'Azl}}Al-'Azl, (العزل) also known as ''coitus interruptus'', is the practice of having sexual intercourse with a woman but withdrawing the penis before ejaculation. This was an important topic for Muhammad and his companions as evidenced by the abundance of Hadith material on the subject.
According to Muhammad, when raping a captive, it's better if you do not pull out the penis at the end.{{Quote|1={{Bukhari|3|34|432}}|2=Narrated Abu Said Al-Khudri: that while he was sitting with Allah's Apostle he said, "O Allah's Apostle! '''We get female captives as our share of booty, and we are interested in their prices, what is your opinion about coitus interruptus'''?" The Prophet said, "Do you really do that? It is better for you not to do it. No soul that which Allah has destined to exist, but will surely come into existence."}}
===Prohibition on forcing slaves into prostitution===


{{Quote|{{cite web|url=http://islamawakened.com/quran/24/st26.htm |title=Qur'an 24:33 |publisher= |author= |date= |archiveurl=http://web.archive.org/web/20160504044756/http://islamawakened.com/quran/24/st26.htm |deadurl=no}}|And do not compel your slave girls to prostitution, when they desire to keep chaste, in order to seek the frail good of this world's life; and whoever compels them, then surely after their compulsion Allah is Forgiving, Merciful.}}
{{Quote|{{cite web|url=http://islamawakened.com/quran/24/st26.htm |title=Qur'an 24:33 |publisher= |author= |date= |archiveurl=http://web.archive.org/web/20160504044756/http://islamawakened.com/quran/24/st26.htm |deadurl=no}}|And do not compel your slave girls to prostitution, when they desire to keep chaste, in order to seek the frail good of this world's life; and whoever compels them, then surely after their compulsion Allah is Forgiving, Merciful.}}
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==Attire==
==Attire==
===Hijab===
===Hijab===
{{Main|Revelation of the Hijab|Qur'an, Hadith and Scholars:Hijab}}According to the ahadith and sira, Umar bin Al-Khattab, a companion of Muhammad, wished that Muhammad would reveal verses from Allah requiring women to wear the hijab. When Muhammad did not oblige, Umar followed Muhammad's wives out at night and in the dark when they went to go to the toilet and made his presence known, later informing the prophet that he had spied his wives relieving themselves in the dark, and that had his wives been cloaked in a garment such as the hijab, he would not have been able to identify the women as being the prophet's wives. Having heard of this, Muhammad received the revelation that Umar had requested, and the verses of the hijab were sent down from Allah.  
{{Main|Revelation of the Hijab|Qur'an, Hadith and Scholars:Hijab}}According to the ahadith and sira, Umar bin Al-Khattab, a companion of Muhammad, wished that Muhammad would reveal verses from Allah requiring women to wear the hijab. When Muhammad did not oblige, Umar followed Muhammad's wives out at night and in the dark when they went to go to the toilet and made his presence known, later informing the prophet that he had spied his wives relieving themselves in the dark, and that had his wives been cloaked in a garment such as the hijab, he would not have been able to identify the women as being the prophet's wives. Having heard of this, Muhammad received the revelation that Umar had requested, and the verses of the hijab were sent down from Allah. {{Quote|{{Quran|24|31}}| And say to the believing women that they should lower their gaze and guard their modesty; that they should not display their beauty and ornaments except what (must ordinarily) appear thereof; that they should draw their veils over their bosoms and not display their beauty except to their husbands, their fathers, their husband's fathers, their sons, their husbands' sons, their brothers or their brothers' sons, or their sisters' sons, or their women, or the slaves whom their right hands possess, or male servants free of physical needs, or small children who have no sense of the shame of sex; and that they should not strike their feet in order to draw attention to their hidden ornaments.}}
===Women's Responsibility to Cover===
 
{{Quote|{{Quran|24|31}}| And say to the believing women that they should lower their gaze and guard their modesty; that they should not display their beauty and ornaments except what (must ordinarily) appear thereof; that they should draw their veils over their bosoms and not display their beauty except to their husbands, their fathers, their husband's fathers, their sons, their husbands' sons, their brothers or their brothers' sons, or their sisters' sons, or their women, or the slaves whom their right hands possess, or male servants free of physical needs, or small children who have no sense of the shame of sex; and that they should not strike their feet in order to draw attention to their hidden ornaments.}}


===Modesty valued more than life===
===Modesty valued more than life===
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==Value of testimony==
==Value of testimony==


===Women's testimony equal to half of man's===
===Half value of testimony in general===
{{Quote|{{Bukhari|1|6|301}}|Narrated Abu Said Al-Khudri:
{{Quote|{{Bukhari|1|6|301}}|Narrated Abu Said Al-Khudri:
Once Allah's Apostle went out to the Musalla (to offer the prayer) of 'Id-al- Adha or Al-Fitr prayer. Then he passed by the women and said, "O women! Give alms... I have not seen anyone more deficient in intelligence and religion than you. A cautious sensible man could be led astray by some of you." The women asked, "O Allah's Apostle! What is deficient in our intelligence and religion?" He said, '''"Is not the evidence of two women equal to the witness of one man?" They replied in the affirmative. He said, "This is the deficiency in her intelligence.'''}}
Once Allah's Apostle went out to the Musalla (to offer the prayer) of 'Id-al- Adha or Al-Fitr prayer. Then he passed by the women and said, "O women! Give alms... I have not seen anyone more deficient in intelligence and religion than you. A cautious sensible man could be led astray by some of you." The women asked, "O Allah's Apostle! What is deficient in our intelligence and religion?" He said, '''"Is not the evidence of two women equal to the witness of one man?" They replied in the affirmative. He said, "This is the deficiency in her intelligence.'''}}
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{{Quote|''I’laam al-Muwaqqa’een''. Part 1, p.75.|Allah has commanded the testimony of two women so as to be sure that they remember, because the mind and memory of two women takes the place of the mind and memory of one man.}}
{{Quote|''I’laam al-Muwaqqa’een''. Part 1, p.75.|Allah has commanded the testimony of two women so as to be sure that they remember, because the mind and memory of two women takes the place of the mind and memory of one man.}}


===Females found responsible and punished for rape===
===Insufficient value of testimony of rape victim===


In March 2007, a 19-year-old Saudi woman received a sentence of 90 lashes. Her crime? A man threatened to tell her father that they were having an affair unless she met him alone. When she did, she was kidnapped and repeatedly raped, after which her brother beat her because the rapes brought shame to the family. Rather than giving her justice, a Saudi court sentenced her to be lashed ninety times because she had met a man alone who was not related to her. Fuziyah Al Ouni, a feminist activist, said she was outraged by the case. 'By sentencing her to 90 lashes they are sending a message that she is guilty.'<ref>[http://www.khaleejtimes.com/DisplayArticleNew.asp?section=middleeast&xfile=data/middleeast/2007/march/middleeast_march71.xml Saudi gang-rape victim faces 90 lashes] - Khaleej Times Online, March 5, 2007</ref>
In March 2007, a 19-year-old Saudi woman received a sentence of 90 lashes. Her crime? A man threatened to tell her father that they were having an affair unless she met him alone. When she did, she was kidnapped and repeatedly raped, after which her brother beat her because the rapes brought shame to the family. Rather than giving her justice, a Saudi court sentenced her to be lashed ninety times because she had met a man alone who was not related to her. Fuziyah Al Ouni, a feminist activist, said she was outraged by the case. 'By sentencing her to 90 lashes they are sending a message that she is guilty.'<ref>[http://www.khaleejtimes.com/DisplayArticleNew.asp?section=middleeast&xfile=data/middleeast/2007/march/middleeast_march71.xml Saudi gang-rape victim faces 90 lashes] - Khaleej Times Online, March 5, 2007</ref>
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[[Islamic law]] restricts the validity of a woman's testimony, particularly in cases involving sexual immorality. And Islamic legal theorists have limited it even farther, in the words of one Muslim legal manual, to "cases involving property, or transactions dealing with property, such as sales." In other judicial areas only men can testify. It is virtually impossible, therefore, to prove rape in lands that follow these ''Sharia ''provisions. If the required male witnesses can't be found to exonerate her (four men who testify to seeing the actual crime, according to the Qur'an), the victim's charge of [[rape]] can become an admission of adultery. That accounts for the grim fact that as many as seventy-five percent of the women in prison in Pakistan are, in fact, behind bars for the crime of having been raped.<ref>[http://www.sistersinislam.org.my/index.php?option=com_content&task=view&id=437&Itemid=194 Rape, Zina and Incest Press Statement - Violence Against Women] - SistersInIslam, April 6, 2000</ref>
[[Islamic law]] restricts the validity of a woman's testimony, particularly in cases involving sexual immorality. And Islamic legal theorists have limited it even farther, in the words of one Muslim legal manual, to "cases involving property, or transactions dealing with property, such as sales." In other judicial areas only men can testify. It is virtually impossible, therefore, to prove rape in lands that follow these ''Sharia ''provisions. If the required male witnesses can't be found to exonerate her (four men who testify to seeing the actual crime, according to the Qur'an), the victim's charge of [[rape]] can become an admission of adultery. That accounts for the grim fact that as many as seventy-five percent of the women in prison in Pakistan are, in fact, behind bars for the crime of having been raped.<ref>[http://www.sistersinislam.org.my/index.php?option=com_content&task=view&id=437&Itemid=194 Rape, Zina and Incest Press Statement - Violence Against Women] - SistersInIslam, April 6, 2000</ref>
==Inheritance==


==Segregation==
==Segregation==
===Sex Segregation in Islam===
===Sex Segregation in Islam===
{{Main|Sex Segregation in Islam}}Islam generally prohibits free-mixing between men and women. It is argued that direct references for this prohibition can not be found in either the Qur'an or the Sunnah of the Prophet; but this can not mean that such conduct is permissible in Islam. As a complete way of life, Islam has not failed to address the matter. Various scholars of Islam have formulated their opinions on this matter and acknowledged the practice of free-mixing as a crime punishable under Shari'ah laws. All of the Jurists have sourced their views from the Qur’an and the Sunnah of the prophet, using these as the basis of their argument. Under Islamic law, it is not permissible for women to freely mix or socialize with non-Mahram men who are not her husband (''Mahram'' i.e. those whom marriage is prohibited in Islam, include fathers, uncles, brothers and close blood relatives) under any circumstances. Islamic scholars are unanimous on this matter.
{{Main|Sex Segregation in Islam}}Islam generally prohibits free-mixing between men and women. It is argued that direct references for this prohibition can not be found in either the Qur'an or the Sunnah of the Prophet; but this can not mean that such conduct is permissible in Islam. As a complete way of life, Islam has not failed to address the matter. Various scholars of Islam have formulated their opinions on this matter and acknowledged the practice of free-mixing as a crime punishable under Shari'ah laws. All of the Jurists have sourced their views from the Qur’an and the Sunnah of the prophet, using these as the basis of their argument. Under Islamic law, it is not permissible for women to freely mix or socialize with non-Mahram men who are not her husband (''Mahram'' i.e. those whom marriage is prohibited in Islam, include fathers, uncles, brothers and close blood relatives) under any circumstances. Islamic scholars are unanimous on this matter.
===Women must never be alone in the presence of another man who is not a relative===
===Prohibition on being alone with men===


A women who walks or goes out unaccompanied or in the company of a man who is neither their husband nor a close relative is at risk of arrest on suspicion of prostitution or other "moral offences" in certain majority-Muslim countries.
A women who walks or goes out unaccompanied or in the company of a man who is neither their husband nor a close relative is at risk of arrest on suspicion of prostitution or other "moral offences" in certain majority-Muslim countries.


In February 2008, an American businesswoman of Jordanian descent was arrested in Saudi Arabia after being found by the religious police sitting in the family area of a Starbucks with a male business associate. They had been working together at their nearby office when power was lost, and they decided to go to Starbucks to use the wireless internet. She was released from jail a day later, bruised and crying after being detained and beaten for being in the presence of another man not a relative.<ref>Sonia Verma - [http://www.foxnews.com/story/0,2933,329605,00.html American Woman Boasted of Saudi Freedoms To Bush Brother Before Arrest at Starbucks] - Fox News, February 7, 2008</ref>
In February 2008, an American businesswoman of Jordanian descent was arrested in Saudi Arabia after being found by the religious police sitting in the family area of a Starbucks with a male business associate. They had been working together at their nearby office when power was lost, and they decided to go to Starbucks to use the wireless internet. She was released from jail a day later, bruised and crying after being detained and beaten for being in the presence of another man not a relative.<ref>Sonia Verma - [http://www.foxnews.com/story/0,2933,329605,00.html American Woman Boasted of Saudi Freedoms To Bush Brother Before Arrest at Starbucks] - Fox News, February 7, 2008</ref>
===Adult Suckling===
===Adult suckling permits co-mingling===
{{Main|Adult Suckling}}In Islamic societies gender segregation is a common practice to avoid any form of adultery. Thus men and women are not advised to stay in the same room if they are alone, and any adult woman is required to wear a veil in public. Only if men and women are closely related (Mahram) or married is there no need for gender segregation and hijab. However, it is obvious that the strict application of Islamic law may cause some trouble and difficulties to daily life, particularly concerning business.
{{Main|Adult Suckling}}In Islamic societies gender segregation is a common practice to avoid any form of adultery. Thus men and women are not advised to stay in the same room if they are alone, and any adult woman is required to wear a veil in public. Only if men and women are closely related (Mahram) or married is there no need for gender segregation and hijab. However, it is obvious that the strict application of Islamic law may cause some trouble and difficulties to daily life, particularly concerning business.


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