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{{QualityScore|Lead=1|Structure=1|Content=4|Language=1|References=3}}'''This article is currently undergoing an overhaul, please do not edit it.'''
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== Marriage ==
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==Marriage==
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=== Marital options ===
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===A Muslim woman is not permitted to marry a non-Muslim Man===
 
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====A Muslim woman is not permitted to marry a non-Muslim Man====
      
Islamic jurisprudence only allowed a Muslim woman to marry a Muslim man, based on their interpretation of the Qur'an. This injunction has been the cause of great personal grief for inter-faith couples and even the spark of violence and honor killings. According to all schools of Sunni and Shi'a jurisprudence, a non-Muslim man must either convert in order to marry a Muslim women or the couple must be seperated.   
 
Islamic jurisprudence only allowed a Muslim woman to marry a Muslim man, based on their interpretation of the Qur'an. This injunction has been the cause of great personal grief for inter-faith couples and even the spark of violence and honor killings. According to all schools of Sunni and Shi'a jurisprudence, a non-Muslim man must either convert in order to marry a Muslim women or the couple must be seperated.   
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In recent times, some modernists have argued that the classical view does not necessarily follow from the Qur'anic verses and that Muslim women should be given more freedom, though in both the scholarly and lay communities this remains a decidedly fringe view vis-a-vis the traditional view.<ref>[https://www.huffingtonpost.ca/junaid-jahangir/muslim-women-marriage_b_15472982.html?guccounter=1&guce_referrer_us=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS8&guce_referrer_cs=Gv3znsP7rlc9K98rQxNZAQ Muslim Women Can Marry Outside The Faith - Blog on Huffington Post by Junaid Jahangir]</ref>
 
In recent times, some modernists have argued that the classical view does not necessarily follow from the Qur'anic verses and that Muslim women should be given more freedom, though in both the scholarly and lay communities this remains a decidedly fringe view vis-a-vis the traditional view.<ref>[https://www.huffingtonpost.ca/junaid-jahangir/muslim-women-marriage_b_15472982.html?guccounter=1&guce_referrer_us=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS8&guce_referrer_cs=Gv3znsP7rlc9K98rQxNZAQ Muslim Women Can Marry Outside The Faith - Blog on Huffington Post by Junaid Jahangir]</ref>
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==== Men can marry up to four wives ====
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===Men can marry up to four wives===
 
{{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;}}Muhammad's Allowed Wife Limit in the Qur'an{{Quote|{{Quran|33|50}}|O Prophet! We have made lawful to thee thy wives to whom thou hast paid their dowers; and those whom thy right hand possesses out of the prisoners of war whom Allah has assigned to thee; and daughters of thy paternal uncles and aunts, and daughters of thy maternal uncles and aunts, who migrated (from Makka) with thee; and any believing woman who dedicates her soul to the Prophet if the Prophet wishes to wed her;- '''this only for thee, and not for the Believers (at large);''' We know what We  have appointed for them as to their wives and the captives whom their right hands  possess, in order that there should be no difficulty for thee.}}Muhammad on Polygyny for his Son-in-Law Ali{{Quote|{{Bukhari|7|62|157}}| Narrated Al-Miswar bin Makhrama:
 
{{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;}}Muhammad's Allowed Wife Limit in the Qur'an{{Quote|{{Quran|33|50}}|O Prophet! We have made lawful to thee thy wives to whom thou hast paid their dowers; and those whom thy right hand possesses out of the prisoners of war whom Allah has assigned to thee; and daughters of thy paternal uncles and aunts, and daughters of thy maternal uncles and aunts, who migrated (from Makka) with thee; and any believing woman who dedicates her soul to the Prophet if the Prophet wishes to wed her;- '''this only for thee, and not for the Believers (at large);''' We know what We  have appointed for them as to their wives and the captives whom their right hands  possess, in order that there should be no difficulty for thee.}}Muhammad on Polygyny for his Son-in-Law Ali{{Quote|{{Bukhari|7|62|157}}| Narrated Al-Miswar bin Makhrama:
 
I heard Allah's Apostle who was on the pulpit, saying, "Banu Hisham bin Al-Mughira have requested me to allow them to marry their daughter to Ali bin Abu Talib, but I don't give permission, '''and will not give permission unless 'Ali bin Abi Talib divorces my daughter in order to marry their daughter, because Fatima is a part of my body, and I hate what she hates to see, and what hurts her, hurts me."'''}}
 
I heard Allah's Apostle who was on the pulpit, saying, "Banu Hisham bin Al-Mughira have requested me to allow them to marry their daughter to Ali bin Abu Talib, but I don't give permission, '''and will not give permission unless 'Ali bin Abi Talib divorces my daughter in order to marry their daughter, because Fatima is a part of my body, and I hate what she hates to see, and what hurts her, hurts me."'''}}
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===Child marriage===
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:''Main Articles: [[Forced Marriage]] and [[Contemporary Pedophilic Islamic Marriages]]''
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Forcing a female to marry someone against her explicit wishes is forbidden in Islam. Nevertheless Shari'ah does not apply these protections to children. This failure to protect children has two aspects:
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1. A father or guardian must ask the consent of his virgin daughter before offering her in marriage, based on a well known sahih hadith. However, according to that same hadith, if she remains silent when asked, offering no explicit acceptance, this counts as consent ({{Muslim|8|3303}},{{Muslim|8|3305}}).
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====Child Marriage====
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2. A girl is expected to make a life changing decision on marriage while still a child, with very limited experience and utterly dependent on her parents. Child marriages occur [[Contemporary Pedophilic Islamic Marriages|all over the world]], but especially in Muslim countries that practice Shari'a. [http://www.un.org/youthenvoy/2016/03/new-un-initiative-aims-to-protect-millions-of-girls-from-child-marriage The UN] regards child marriage as a human rights violation and aims to eradicate it by 2030. The girl is vulnerable to spousal abuse and childhood pregnancy which greatly jeopardizes her health and future.
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===Child Marriage===
    
{{Quote|{{Quran|65|4}}| [speaking of the prescribed waiting period for a divorce]  And those of your women as have passed the age of monthly courses, for them the 'Iddah (prescribed period), if you have doubts (about their periods), is three months, and '''for those who have no courses (i.e. they are still immature)''' their 'Iddah (prescribed period) is three months likewise.}}Muhammad married Aisha at 6, had sex at 9 years of age{{Quote|{{Bukhari|5|58|236}}| Narrated Hisham's father: Khadija died three years before the Prophet departed to Medina. He stayed there for two years or so and then he married 'Aisha when she was a girl of six years of age, and he consumed that marriage when she was nine years old.}}
 
{{Quote|{{Quran|65|4}}| [speaking of the prescribed waiting period for a divorce]  And those of your women as have passed the age of monthly courses, for them the 'Iddah (prescribed period), if you have doubts (about their periods), is three months, and '''for those who have no courses (i.e. they are still immature)''' their 'Iddah (prescribed period) is three months likewise.}}Muhammad married Aisha at 6, had sex at 9 years of age{{Quote|{{Bukhari|5|58|236}}| Narrated Hisham's father: Khadija died three years before the Prophet departed to Medina. He stayed there for two years or so and then he married 'Aisha when she was a girl of six years of age, and he consumed that marriage when she was nine years old.}}
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{{Quote|{{Quran|65|4}}|Such of your women as have passed the age of monthly courses, for them the prescribed period, if ye have any doubts, is three months, '''and for those who have no courses''' (it is the same): for those who carry (life within their wombs), their period is until they deliver their burdens: and for those who fear Allah, He will make their path easy.}}
 
{{Quote|{{Quran|65|4}}|Such of your women as have passed the age of monthly courses, for them the prescribed period, if ye have any doubts, is three months, '''and for those who have no courses''' (it is the same): for those who carry (life within their wombs), their period is until they deliver their burdens: and for those who fear Allah, He will make their path easy.}}
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====Marriage to virgins====
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===Marriage to virgins===
    
{{Quote|{{Muwatta|28|2|4}}|Virgins must give consent for marriage, but… "Malik related to me from Abdullah ibn al-Fadl … 'A woman who has been previously married is more entitled to her person than her guardian and a virgin must be asked for her consent and her silence is her consent.'"}}
 
{{Quote|{{Muwatta|28|2|4}}|Virgins must give consent for marriage, but… "Malik related to me from Abdullah ibn al-Fadl … 'A woman who has been previously married is more entitled to her person than her guardian and a virgin must be asked for her consent and her silence is her consent.'"}}
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====Mut'ah marriages====
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===Mut'ah marriages===
    
Mut'ah is a temporary arrangement whereby a man and a woman enter into a contractual arrangement to marry each other for a specified period of time. The time can be as little as one hour or as long as several years, though most Mutah contracts are for hours or a few days. The man gives the woman something of value, and in exchange he is allowed to enter into sexual relations with her, legally, without committing fornication, since they are "married." At the end of the period specified in the contract, each party walks separate ways and neither is indebted to the other. Mut'ah can thus be seen as a religiously-endorsed form of prostitution. The practice actually dates back to Arabia's pre-Islamic days, and was recorded by the pagan Latin historian Ammianus Marcellinus writing in the 300's.
 
Mut'ah is a temporary arrangement whereby a man and a woman enter into a contractual arrangement to marry each other for a specified period of time. The time can be as little as one hour or as long as several years, though most Mutah contracts are for hours or a few days. The man gives the woman something of value, and in exchange he is allowed to enter into sexual relations with her, legally, without committing fornication, since they are "married." At the end of the period specified in the contract, each party walks separate ways and neither is indebted to the other. Mut'ah can thus be seen as a religiously-endorsed form of prostitution. The practice actually dates back to Arabia's pre-Islamic days, and was recorded by the pagan Latin historian Ammianus Marcellinus writing in the 300's.
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'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.}}
 
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).
 
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).
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====Polygamy in Islam====
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:''Main Article: [[Polygamy in Islam]]''
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===Mahr===
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Muhammad was a polygamist, and Islam allows a man to marry up to four wives at any one time:{{Quote|{{Quran|4|3}}|And if you fear that you cannot act equitably towards orphans, then marry such women as seem good to you, two and three and four; but if you fear that you will not do justice (between them), then (marry) only one or what your right hands possess; this is more proper, that you may not deviate from the right course.}}It is also interesting to note that a Muslim male does not require the permission of his first wife before marrying a second. These articles looks at the various arguments that are often presented in defense this practice and the choices made by Muhammad.
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====Justice for Women in Islam====
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=== Nikah ===
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:''Main Articles: [[Dealing Justly with Wives and Orphans (Qur'an 4:3)|Dealing Justly with Wives and Orphans]] and [[Unjust Treatment of Wives (Qur'an 4:129)|Unjust treatment of wives]]''
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== Domestic obedience and punishment ==
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Verse 4:3 is often partially quoted to explain demonstrate a Muslim man '''may''' marry up to four women. However, if he cannot deal justly with each of the wives then he is forbidden to marry that many; and can marry only one wife, to prevent treating women unfairly. It is usually then explained that the use of the word "Justice" or "Justly" (depending on which translation is being used) refers to the man's ability to treat each of his wives exactly the same in every regard: not just materially (ie. food, clothing, shelter, time, money, etc..) but also that he must be able to love them all exactly the same. He must be able to feel the same amount of affection and love for each of his wives. If he cannot do this, then, according to (this interpretation of) the Qur'an he cannot marry more than one wife. According to most scholars, however, Qur'an 4:3 has nothing to do with treating your wives equally, but is in fact about orphans and their Mahr. Injustice in this verse is generally understood as being in reference to the financial equality regarding the Mahr (for orphans) and financial viability of having that many wives, not equality between them.
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===Mahr===
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{{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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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 "marriages", the statements of Muhammad, and the fact that a mahr cannot be taken back (except under extenuating circumstances) because the man has availed himself of the service for which it was payment. The Qur'an supports and confirms, rather explicitly, the explanation provided in these sahih hadiths.
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===Nikah===
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{{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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==Domestic obedience and punishment==
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=== Obedience ===
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===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…}}
 
{{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…}}
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`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."<ref>Dr. Muhammad Ali Al-Hashimi - [http://www.msawest.net/islam/humanrelations/womeninislam/idealmuslimah/chapter4.html The Ideal Muslimah (chapter 4)] - MSA West.net</ref>}}
 
`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."<ref>Dr. Muhammad Ali Al-Hashimi - [http://www.msawest.net/islam/humanrelations/womeninislam/idealmuslimah/chapter4.html The Ideal Muslimah (chapter 4)] - MSA West.net</ref>}}
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==== The Wife Must not Withhold from her Husband ====
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====The Wife Must not Withhold from her Husband====
 
{{Quote|{{Bukhari|7|62|121}}| Narrated Abu Huraira:
 
{{Quote|{{Bukhari|7|62|121}}| Narrated Abu Huraira:
 
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."}}
 
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."}}
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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.}}
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=== Rape of Wives, Captives, and Slave Women in Islam ===
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{{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.
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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.
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====Coitus Interruptus====
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{{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.
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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===
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==== Wife-beating ====
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====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.
 
{{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.
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{{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>}}
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====Domestic Violence Against Women in Islam====
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{{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.
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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.
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==== Muhammad's instruction and practice ====
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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>:
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{| class="wikitable"
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|-
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!Arabic
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!Transliteration
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!Meaning
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|-
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|<font size="4">ضرب</font>
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|''Zarb''
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|Beat
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|-
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|<font size="4">أضربوهن</font> (used in 4:34)
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|''Idriboohunna''
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|Beat them
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|-
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|<font size="4">اضربوا عنهن</font>
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|''Adriboo Anhunna''
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|abandon them, leave them
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|}Quran 4:34 says Idriboohunna <font size="4">أضربوهن</font>, not Adribu Anhunna <font size="4">اضربوا عنهن</font>. These two phrases have different meanings. All the verses that contain darb against a human are understood to mean "beat" or "strike" that human, by their context, and this is agreed upon by even the sources making these strange claims. Why they then consider verse 4:34 to be a special case and translate "darb" to mean "separate from them" remains a mystery.
 +
====Muhammad's instruction and practice====
 
{{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?}}
 
{{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?}}
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The Prophet said, "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."}}
 
The Prophet said, "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."}}
   −
==== Divine wrath ====
+
====Divine wrath====
 
{{Quote|{{Al Tirmidhi|2|1|2|360}}|
 
{{Quote|{{Al Tirmidhi|2|1|2|360}}|
 
Abu Umamah narrated that :
 
Abu Umamah narrated that :
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{{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…}}
   −
== Divorce ==
+
==Divorce==
    
====The marriage of women who convert to Islam or whose husbands leave Islam is annulled====
 
====The marriage of women who convert to Islam or whose husbands leave Islam is annulled====
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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 ====
+
====Grounds for a Man to Divorce His Wife====
 
{{Quote|{{Bukhari|3|49|859}}| Narrated Aisha:
 
{{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."}}
 
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."}}
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{{Quote|{{Quran|2|229}}|The divorce is twice, after that either you retain her on reasonable terms or release her with kindness..}}
 
{{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: ====
+
====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>}}
 
{{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>}}
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==Concubinage==
 
==Concubinage==
 +
===Adultery (with slaves) is Permitted in Islam===
 +
 +
:''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===
 
===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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The slave women are 'forgiven' for what they were forced to do by the slave owner, but no punishment is prescribed for this action.
 
The slave women are 'forgiven' for what they were forced to do by the slave owner, but no punishment is prescribed for this action.
   −
== Attire ==
+
==Attire==
 
+
===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.
 
===Women's Responsibility to Cover===
 
===Women's Responsibility to Cover===
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In the Muslim holy city of Mecca in March 2002, fifteen teenage girls perished in a fire at their school when the Saudi religious police, the muttawa'in, wouldn't let them out of the building, because in the female-only school environment, they had shed the all-concealing outer garments that Saudi women must wear in the presence of men. They had not put these garments back on before trying to flee from the fire. The muttawa'in preferred that they die rather than transgress Islamic law, and actually battled police and firemen who were trying to open the school's doors and to save the girls. <ref>Christopher Dickey and Rod Nordland - [http://www.islamawareness.net/MiddleEast/Saudi/fire.html The Fire That Won't Die Out] - Islamawareness, 2002</ref>
 
In the Muslim holy city of Mecca in March 2002, fifteen teenage girls perished in a fire at their school when the Saudi religious police, the muttawa'in, wouldn't let them out of the building, because in the female-only school environment, they had shed the all-concealing outer garments that Saudi women must wear in the presence of men. They had not put these garments back on before trying to flee from the fire. The muttawa'in preferred that they die rather than transgress Islamic law, and actually battled police and firemen who were trying to open the school's doors and to save the girls. <ref>Christopher Dickey and Rod Nordland - [http://www.islamawareness.net/MiddleEast/Saudi/fire.html The Fire That Won't Die Out] - Islamawareness, 2002</ref>
   −
== Value of testimony ==
+
==Value of testimony==
   −
=== Women's testimony equal to half of man's ===
+
===Women's testimony equal to half of man's===
 
{{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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==Inheritance==
 
==Inheritance==
   −
== Segregation ==
+
==Segregation==
 
+
===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.
 
===Women must never be alone in the presence of another man who is not a relative===
 
===Women must never be alone in the presence of another man who is not a relative===
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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===
 +
{{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.
    +
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.
 
==In the modern world==
 
==In the modern world==
  
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