Women in Islamic Law: Difference between revisions

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==Genital mutilation==
==Genital mutilation==
In some Islamic countries women face the certainty of female circumcision, otherwise known as Female Genital Mutilation (FGM). Somali women's rights activist and ex-Muslim Ayaan Hirsi Ali notes that in her own homeland virtually every girl has her clitoris excised, sometimes when as young as five years old, and that the practice is always justified in the name of Islam.
Female genital mutilation (FGM) is obligatory in the Shafi'i madhab<ref>[https://www.answering-islam.org/Sharia/fem_circumcision.html Section on FGM in the standard manual of Shafi'i law]</ref> and encouraged by the remaining three madhabs, namely the Hanafi, Hanbali, and Maliki. Salafi scholars also encourage the practice. In universally conceiving of FGM as being either an obligatory or favorable practice, the schools of Islamic law agree that ''prohibiting'' FGM altogether would not be acceptable, as this would be tantamount to contravening God's law. Views on the specific type of FGM required or permitted vary within and between the madhhabs. Some modern Islamic scholars have dissented from the favorable consensus of the Islamic tradition and ruled it to be unlawful, but these form a small, albeit fortunately vocal, minority.
 
{{Quote|''Reliance of the Traveler'' [''Umdat al-Salik''], Section e4.3 on Circumcision|'''Obligatory (on every male and female) is circumcision.''' (And it is the cutting-off of the skin [''qat' al-jaldah''] on the glans of the male member and, '''as for the circumcision of the female, that is the cutting-off of the ''badhar'' [''qat' al-badhar'', ''badhar'' or بَظْرٌ either means the clitoris or the prepuce of the clitoris; Lane says that the precise usage was confused at some point in history<ref>[http://lexicon.quranic-research.net/data/02_b/137_bZr.html Lane's Lexicon بَظْرٌ]</ref>]''' (and this is called ''khufad''))}}
Uncircumcised girls are told they will become prostitutes but that circumcised girls will be pure and will retain their honor and dignity. Ayaan Hirsi Ali describes her own genital mutilation in her book ''Infidel'':
 
{{Quote||Grandma caught hold of me and gripped my upper body… Two other women held my legs apart. The man, who was probably an itinerant traditional circumciser from the blacksmith clan, picked up a pair of scissors. With the other hand, he caught hold of the place between my legs and started tweaking it, like Grandma milking a goat... Then the scissors went down between my legs and the man cut off my inner labia and clitoris. I heard it, like a butcher snipping the fat off a piece of meat. A piercing pain shot up between my legs, indescribable, and I howled. Then came the sewing: the long, blunt needle clumsily pushed into my bleeding outer labia, my loud and anguished protests, Grandma's words of comfort and encouragement… When the sewing was finished, the man cut the thread off with his teeth. That is all I can recall of it.<ref>Ayaan Hirsi Ali - [http://www.amazon.com/Infidel-Ayaan-Hirsi-Ali/dp/1416526242 Infidel (p. 32)] - NY: Free Press, 2007, ISBN 9781416526247</ref>}}
 
Among Muslims FGM is prevalent mainly in Egypt, Sudan, and Somalia, and in other African countries. Muslims who practice it invest genital mutilation with religious significance. One Islamic legal manual states that circumcision is required "for both men and women."
 
====''Reliance of the Traveler''====
 
This manual of Islamic law prescribes female circumcision, but with an interesting twist. In English versions, the law forbids removal of the female clitoris, while in the original Arabic no such restriction exists.
 
English translation:
 
{{Quote||e4.3 Circumcision is obligatory (O: for both men and women. For men is consists of removing the prepuce from the penis, and for women, removing the prepuce (Ar. bazr) of the clitoris (n: not the clitoris itself, as some mistakenly assert).}}
 
Original Arabic:
 
{{Quote||Circumcision is obligatory (for every male and female) by cutting off the piece of skin on the glans of the penis of the male, but '''circumcision of the female is by cutting out the clitoris''' (this is called khufaad).}}
 
To Sheikh Muhammad Sayyed Tantawi, the Grand Imam of Cairo's al-Azhar, the oldest and most prestigious university in the lands of Islam, female circumcision is "a laudable practice that does honor to women." Tantawi is no fringe figure: he is, in the words of a BBC report, "the highest spiritual authority for nearly a billion Sunni Muslims."
 
In endorsing female circumcision he uses this considerable spiritual authority to perpetuate a practice that gives women lifelong pain and blocks their access to sexual fulfillment. But perhaps in the eyes of Sheikh Tantawi the pain is worth the result: most authorities agree that female circumcision is designed to diminish a woman's sexual response, so that she will be less likely to commit adultery.


==Marriage==
==Marriage==
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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.}}


==== Prohibition on male sexual slavery ====
====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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