Islam and Women - Revision history

Lightyears: Improved accuracy on divorce

2026-03-20T22:45:54Z

Improved accuracy on divorce

← Older revision		Revision as of 22:45, 20 March 2026
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	===Control over movement and taking additional wives===		===Control over movement and taking additional wives===
	Under Islam, a husband has a right to take up to four wives and has significant control over his wives. Under the Hanbali ~~(but not Hanafi)~~ school, women may stipulate conditions in the marriage contract to grant greater freedom of movement or to ~~object to~~ her husband ~~taking~~ additional ~~wives~~, ~~with a right~~ to divorce ~~if these are broken~~. In ~~many~~ cases such ~~stipulations~~ will not have been agreed ahead of the marriage, though ~~some modern~~ reforms of family law ~~have sought~~ to ~~improve~~ the ~~situation~~. Otherwise the husband's rights are automatic.		Under Islam, a husband has a right to take up to four wives and has significant control over his wives. Under the Hanbali school alone, women may stipulate conditions in the marriage contract to grant greater freedom of movement or to have the marriage dissolved if her husband takes an additional wife.<ref>John L. Eposito, "Women in Muslim Family Law", Second edition, 2001, p. 22</ref> Such stipulations are unenforcable according to the Hanafi, Shafi'i, and Maliki schools on the basis that they cannot overide his Quranic rights.<ref>Kecia Ali, ''Marriage and Slavery in early Islam'', Harvard University Pross, 2010, p. 74 and ftn. 31 on p. 220</ref> All schools agree though that he may delegate to his wife his powerful, Quranic ''talaq'' (divorce) rights at any time. This is called ''talaq al-tafwid'', and can be conditional such as in the event that he takes another wife (the Shafi'i and Hanbali schools allow him to later revoke this delegation).<ref>Muhammad Ifzal Mehmood (2019) ''[https://www.researchgate.net/publication/338688656_A_Study_of_Talaq_Al-Tafwid_in_Islamic_Law_and_Contemporary_Legislations_Should_Malaysia_Follow_Suit A Study of Talaq Al-Tafwid in Islamic Law and Contemporary Legislations: Should Malaysia Follow Suit?]'', Bahria University</ref> In most cases such a stipulation or delegation will not have been agreed ahead of the marriage, though an increasing number of countries in the Muslim world have made reforms to family law to limit polygamy or provide other legal routes for the first wife to seek divorce. Otherwise the husband's rights are automatic.

	{{Quote\|John L. Eposito, "Women in Muslim Family Law", 2001, p. 22\|One important right granted by the Hanbali (but not Hanafi) law school that gives women a certain amount of independence and status in marriage is her right to insert conditions that are favourable to her directly into the marriage contract. The wife's ability to make conditions, provided that they are not contrary to the object of marriage, can resolve many inequities in areas such as polygamy and divorce. For example, clauses may be added that eliminate the husband's right to take a second wife or that grant the wife greater freedom of movement. These conditions limit the husband's somewhat automatic and extensive legal control over his wife. Because these conditions can be enforced by granting the wife her husband's power of divorce if they are violated, they bestow more equal rights of divorce on the wife.}}		{{Quote\|John L. Eposito, "Women in Muslim Family Law", 2001, p. 22\|One important right granted by the Hanbali (but not Hanafi) law school that gives women a certain amount of independence and status in marriage is her right to insert conditions that are favourable to her directly into the marriage contract. The wife's ability to make conditions, provided that they are not contrary to the object of marriage, can resolve many inequities in areas such as polygamy and divorce. For example, clauses may be added that eliminate the husband's right to take a second wife or that grant the wife greater freedom of movement. These conditions limit the husband's somewhat automatic and extensive legal control over his wife. Because these conditions can be enforced by granting the wife her husband's power of divorce if they are violated, they bestow more equal rights of divorce on the wife.}}
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	===Divorce===		===Divorce===
	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'' (item or sum of financial worth) she had received or some 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 fulfill his marital obligations, desertion, insanity, or cruelty).		Whereas a husband has the Quranic right to divorce his wife by pronouncing ''talaq'', the situation is more difficult for a wife. 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'' (item or sum of financial worth) she had received or some other agreed payment. This is known as ''khula'''. If he refuses, she can try to get a dissolution (faskh) of the marriage by judicial decree when there are grounds for which his consent is not required (such as inability or failure to fulfill his marital obligations, desertion, insanity, or cruelty).

	There is a consensus among classical Islamic scholars that if a woman converts to Islam and her husband fails to, their marriage is nullified.<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><ref name="IndianaLawJournal">Leeman, Alex B. (2009) "Interfaith Marriage in Islam: An Examination of the Legal Theory Behind the Traditional and Reformist Positions," Indiana Law Journal: Vol. 84 : Iss. 2 , Article 9. pp.754-759 Available at: http://ilj.law.indiana.edu/articles/84/84_2_Leeman.pdf and https://www.repository.law.indiana.edu/ilj/vol84/iss2/9</ref> This ruling is derived, in part, from {{Quran\|60\|10}}. 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="IndianaLawJournal2">Leeman, Alex B. (2009) "Interfaith Marriage in Islam: An Examination of the Legal Theory Behind the Traditional and Reformist Positions," Indiana Law Journal: Vol. 84 : Iss. 2 , Article 9. pp.754-759 Available at: http://ilj.law.indiana.edu/articles/84/84_2_Leeman.pdf and https://www.repository.law.indiana.edu/ilj/vol84/iss2/9</ref>		There is a consensus among classical Islamic scholars that if a woman converts to Islam and her husband fails to, their marriage is nullified.<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><ref name="IndianaLawJournal">Leeman, Alex B. (2009) "Interfaith Marriage in Islam: An Examination of the Legal Theory Behind the Traditional and Reformist Positions," Indiana Law Journal: Vol. 84 : Iss. 2 , Article 9. pp.754-759 Available at: http://ilj.law.indiana.edu/articles/84/84_2_Leeman.pdf and https://www.repository.law.indiana.edu/ilj/vol84/iss2/9</ref> This ruling is derived, in part, from {{Quran\|60\|10}}. 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="IndianaLawJournal2">Leeman, Alex B. (2009) "Interfaith Marriage in Islam: An Examination of the Legal Theory Behind the Traditional and Reformist Positions," Indiana Law Journal: Vol. 84 : Iss. 2 , Article 9. pp.754-759 Available at: http://ilj.law.indiana.edu/articles/84/84_2_Leeman.pdf and https://www.repository.law.indiana.edu/ilj/vol84/iss2/9</ref>

Lightyears at 19:20, 12 November 2025

2025-11-12T19:20:09Z

← Older revision		Revision as of 19:20, 12 November 2025
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	It was narrated that Ma'qil bin Yasar said: "A man came to the Messenger of Allah and said: 'I have found a woman who is from a good family and of good status, but she does not bear children, should I marry her?' He told him not to. Then he came to him a second time and he told him not to (marry her). Then he came to him a third time and he told him not to (marry her), then he said: 'Marry the one who is fertile and loving, for I will boast of your great numbers.'"}}		It was narrated that Ma'qil bin Yasar said: "A man came to the Messenger of Allah and said: 'I have found a woman who is from a good family and of good status, but she does not bear children, should I marry her?' He told him not to. Then he came to him a second time and he told him not to (marry her). Then he came to him a third time and he told him not to (marry her), then he said: 'Marry the one who is fertile and loving, for I will boast of your great numbers.'"}}

	{{Quote\|{{Abu Dawud\|\|~~3921~~\|darussalam}}\|It was narrated from 'Abdullah bin 'Umar that the Messenger of Allah (ﷺ) said:		{{Quote\|{{Abu Dawud\|\|3922\|darussalam}}\|It was narrated from 'Abdullah bin 'Umar that the Messenger of Allah (ﷺ) said:

	"An omen is in a dwelling, a woman or a horse." Abu Dawud said: This tradition was read out to al-Harith b. Miskin and I was witness. It was said to him that Ibn Qasim told him that Malik was asked about evil omen in a horse and in a house. He replied: There are many houses in which people lived and perished and again others lived therein and they also perished. This is its explanation so far as we know. Allah knows best. '''Abu Dawud said: 'Umar (ra) said: A mat in a house better than a woman who does not give birth to a child.'''}}		"An omen is in a dwelling, a woman or a horse." Abu Dawud said: This tradition was read out to al-Harith b. Miskin and I was witness. It was said to him that Ibn Qasim told him that Malik was asked about evil omen in a horse and in a house. He replied: There are many houses in which people lived and perished and again others lived therein and they also perished. This is its explanation so far as we know. Allah knows best. '''Abu Dawud said: 'Umar (ra) said: A mat in a house better than a woman who does not give birth to a child.'''}}
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	=== "Blood money" (diya) ===		=== "Blood money" (diya) ===
	{{Quote\|1={{Quran\|178-179}}\|2=O you who have faith! Retribution is prescribed for you regarding the slain: freeman for freeman, slave for slave, and female for female. But if one is granted any extenuation by his brother, let the follow up [for the blood-money] be honourable, and let the payment to him be with kindness. That is a remission from your Lord and a mercy; and should anyone transgress after that, there shall be a painful punishment for him. There is life for you in retribution, O you who possess intellects! Maybe you will be Godwary!}}{{Quote\|{{~~Muslim~~\|43\|4}}\|Yahya related to me from Malik that Ibn Shihab and also Urwa ibn az-Zubayr said the same as Said ibn al-Musayyab said about a woman. Her blood-money from a man is the same up to a third of the blood-money of a man. If what she is owed exceeds a third of the blood-money of the man, she is given up to half of the blood-money of a man.		{{Quote\|1={{Quran\|178-179}}\|2=O you who have faith! Retribution is prescribed for you regarding the slain: freeman for freeman, slave for slave, and female for female. But if one is granted any extenuation by his brother, let the follow up [for the blood-money] be honourable, and let the payment to him be with kindness. That is a remission from your Lord and a mercy; and should anyone transgress after that, there shall be a painful punishment for him. There is life for you in retribution, O you who possess intellects! Maybe you will be Godwary!}}{{Quote\|{{Muwatta\|43\|\|4}}\|Yahya related to me from Malik that Ibn Shihab and also Urwa ibn az-Zubayr said the same as Said ibn al-Musayyab said about a woman. Her blood-money from a man is the same up to a third of the blood-money of a man. If what she is owed exceeds a third of the blood-money of the man, she is given up to half of the blood-money of a man.

	Malik said, "The explanation of that is that she has blood-money for a head wound that lays bare the bone and one that splinters the bone and for what is less than the brain wound and the belly wound and the like of that of those which obliges a third of the blood-money or more. If the amount owed her exceeds that, her blood- money in that is half of the blood-money of a man."}}		Malik said, "The explanation of that is that she has blood-money for a head wound that lays bare the bone and one that splinters the bone and for what is less than the brain wound and the belly wound and the like of that of those which obliges a third of the blood-money or more. If the amount owed her exceeds that, her blood- money in that is half of the blood-money of a man."}}

Lightyears: Automated script replacing USC-MSA hadith numbering system for Bukhari, Muslim, and Abu Dawud

2025-11-12T19:16:27Z

Automated script replacing USC-MSA hadith numbering system for Bukhari, Muslim, and Abu Dawud

Show changes

Lightyears: Fixed truncated hadith quote

2025-06-03T12:47:57Z

Fixed truncated hadith quote

← Older revision		Revision as of 12:47, 3 June 2025
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	In a hadith in Sahih Bukhari, Sad bin Ar-Rabi hands over his wives in a purely transactional manner, the spirit of which was reinforced by the institution of ''mahr''.{{Quote\|{{Bukhari\|3\|34\|264}}\|Narrated Ibrahim bin Sad from his father from his grand-father: Abdur Rahman bin Auf said, "When we came to Medina as emigrants, Allah's Apostle established a bond of brotherhood between me and Sad bin Ar-Rabi'. Sad bin Ar-Rabi' said (to me), 'I am the richest among the Ansar, so '''I will give you half of my wealth and you may look at my two wives and whichever of the two you may choose I will divorce her''', and when she has completed the prescribed period (before marriage) '''you may marry her'''.'}}		In a hadith in Sahih Bukhari, Sad bin Ar-Rabi hands over his wives in a purely transactional manner, the spirit of which was reinforced by the institution of ''mahr''.{{Quote\|{{Bukhari\|3\|34\|264}}\|Narrated Ibrahim bin Sad from his father from his grand-father: Abdur Rahman bin Auf said, "When we came to Medina as emigrants, Allah's Apostle established a bond of brotherhood between me and Sad bin Ar-Rabi'. Sad bin Ar-Rabi' said (to me), 'I am the richest among the Ansar, so '''I will give you half of my wealth and you may look at my two wives and whichever of the two you may choose I will divorce her''', and when she has completed the prescribed period (before marriage) '''you may marry her'''.'}}

	===Women ~~compared to dogs and donkeys~~===		===Women passing by interupt prayers===
	~~Most orthodox Islamic scholars consider dogs~~ to be ~~haram - forbidden~~ and ~~najis - unclean~~. ~~Thus~~ the ~~comparison~~ of ~~women to dogs in these Sahih~~ (~~authentic~~) ~~ahadith~~ are ~~noteworthy~~:{{Quote\|{{Bukhari\|1\|9\|490~~}}; see also {{Muslim\|4\|1032}} & {{Muslim\|4\|1034~~}}\|Narrated 'Aisha:
	The things which annul the prayers were mentioned before me. They said, "Prayer is annulled by a dog, a donkey and a woman (if they pass in front of the praying people)." I said, "You have made us (i.e. women) dogs."}}{{Quote\|{{Bukhari\|1\|9\|~~498}}; see also {{Muslim\|4\|1038~~}}\|Narrated 'Aisha: ~~It is not good that you people~~ have ~~made~~ us (women) ~~equal~~ to dogs and ~~donkeys~~.}}		{{Quote\|{{Muslim\|4\|1032}}; see also {{Abu Dawud\|2\|704}}\| Abu Dharr reported:
	===Women compared to devils===		The Messenger of 'Allah (ﷺ) said: When any one of you stands for prayer and there is a thing before him equal to the back of the saddle that covers him and in case there is not before him (a thing) equal to the back of the saddle, his prayer would be cut off by (passing of an) ass, woman, and black Dog. I said: O Abu Dharr, what feature is there in a black dog which distinguish it from the red dog and the yellow dog? He said: O, son of my brother, I asked the Messenger of Allah (ﷺ) as you are asking me, and he said: The black dog is a devil.}}
	{{Quote\|{{Muslim\|8\|~~1038~~}}\|
			In other hadiths Aisha disputes the claim

			{{Quote\|{{Bukhari\|1\|9\|490}}\|Narrated 'Aisha: The things which annul the prayers were mentioned before me. They said, "Prayer is annulled by a dog, a donkey and a woman (if they pass in front of the praying people)." I said, "You have made us (i.e. women) dogs. I saw the Prophet praying while I used to lie in my bed between him and the Qibla. Whenever I was in need of something, I would slip away. for I disliked to face him."}}

			{{Quote\|{{Bukhari\|1\|9\|493}}\|Narrated 'Aisha: The things which annual prayer were mentioned before me (and those were): a dog, a donkey and a woman. I said, "You have compared us (women) to donkeys and dogs. By Allah! I saw the Prophet praying while I used to lie in (my) bed between him and the Qibla. Whenever I was in need of something, I disliked to sit and trouble the Prophet. So, I would slip away by the side of his feet."}}

			===Temptation of Women compared to devils===
			{{Quote\|{{Muslim\|8\|3240}}\|
	Jabir reported that Allah's Messenger (may peace be upon him) saw a woman, and so he came to his wife, zainab, as she was tanning a leather and had sexual intercourse with her. He then went to his Companions and told them: '''The woman advances and retires in the shape of a devil,''' so when one of you sees a woman, he should come to his wife, for that will repel what he feels in his heart.}}		Jabir reported that Allah's Messenger (may peace be upon him) saw a woman, and so he came to his wife, zainab, as she was tanning a leather and had sexual intercourse with her. He then went to his Companions and told them: '''The woman advances and retires in the shape of a devil,''' so when one of you sees a woman, he should come to his wife, for that will repel what he feels in his heart.}}

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	===Concubinage===		===Concubinage===
	{{Main\|Slavery in Islamic Law\|Rape in Islamic Law\|Qur'an, Hadith and Scholars:Rape of Slaves, Prisoners, and Wives\|Qur'an, Hadith and Scholars:Slavery}}In nearly every instance where the Quran commands (men) to be chaste, it repeats that they need not be chaste with their wives and 'those whom their right hand possesses', which is universally acknowledged by historians and Islamic scholars as an Arabic euphemism which refers to one's slaves. An entire chapter in Sahih Muslim (chapter 29) is dedicated to the topic and is entitled: 'It is permissible to have sexual intercourse with a captive [i.e. slave] woman after she is purified (of menses or delivery). In case she has a husband, her marriage is abrogated after she becomes captive.'{{Quote\|{{Quran\|23\|6}}; see also {{Quran\|4\|3}} & {{Quran\|4\|24}}\| ~~Those~~ who ~~humble themselves in~~ their ~~prayers; Who avoid vain talk; Who~~ are ~~active in deeds~~ of ~~charity; Who abstain from sex, Except with those joined to them in the marriage bond,~~ '''or ~~(the captives) whom~~ their right hands possess,'''~~- for (in their case) they are free from blame.~~}}		{{Main\|Slavery in Islamic Law\|Rape in Islamic Law\|Qur'an, Hadith and Scholars:Rape of Slaves, Prisoners, and Wives\|Qur'an, Hadith and Scholars:Slavery}}In nearly every instance where the Quran commands (men) to be chaste, it repeats that they need not be chaste with their wives and 'those whom their right hand possesses', which is universally acknowledged by historians and Islamic scholars as an Arabic euphemism which refers to one's slaves. An entire chapter in Sahih Muslim (chapter 29) is dedicated to the topic and is entitled: 'It is permissible to have sexual intercourse with a captive [i.e. slave] woman after she is purified (of menses or delivery).

			Even Muhammad is granted sexual (or at least marital) rights over his female captives in {{Quran-range\|33\|50\|52}}. In case she has a husband, her marriage is abrogated after she becomes captive.'{{Quote\|{{Quran-range\|23\|1\|6}}; see also {{Quran\|4\|3}} & {{Quran\|4\|24}}\|Certainly will the believers have succeeded: They who are during their prayer humbly submissive And they who turn away from ill speech And they who are observant of zakah '''And they who guard their private parts Except from their wives or those their right hands possess, for indeed, they will not be blamed -'''}}

	===Iddah (Female Menstrual Waiting Period)===		===Iddah (Female Menstrual Waiting Period)===

Asmith at 05:37, 27 May 2025

2025-05-27T05:37:36Z

← Older revision		Revision as of 05:37, 27 May 2025
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			{{#seo:
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	{{QualityScore\|Lead=4\|Structure=4\|Content=3\|Language=4\|References=3}}Islamic scriptures generally employ the masculine pronoun in Arabic, which is used to refer to both men and women. On occasion, the scriptures diverge from this standard, inclusive usage, and comment specifically on men or women. The perspective taken by Islamic scriptures on women is of special interest in recent times due to frequent collision with modern values.		{{QualityScore\|Lead=4\|Structure=4\|Content=3\|Language=4\|References=3}}Islamic scriptures generally employ the masculine pronoun in Arabic, which is used to refer to both men and women. On occasion, the scriptures diverge from this standard, inclusive usage, and comment specifically on men or women. The perspective taken by Islamic scriptures on women is of special interest in recent times due to frequent collision with modern values.

Lightyears at 23:55, 22 May 2025

2025-05-22T23:55:02Z

← Older revision		Revision as of 23:55, 22 May 2025
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	{{Quote\|{{Quran\|2\|187}}\|Permitted to you, on the night of the fasts, is the approach to your wives. They are your garments and ye are their garments. Allah knoweth what ye used to do secretly among yourselves; but He turned to you and forgave you; so now associate with them, and seek what Allah Hath ordained for you, and eat and drink, until the white thread of dawn appear to you distinct from its black thread; then complete your fast Till the night appears; but do not associate with your wives while ye are in retreat in the mosques. Those are Limits (set by) Allah: Approach not nigh thereto. Thus doth Allah make clear His Signs to men: that they may learn self-restraint.}}		{{Quote\|{{Quran\|2\|187}}\|Permitted to you, on the night of the fasts, is the approach to your wives. They are your garments and ye are their garments. Allah knoweth what ye used to do secretly among yourselves; but He turned to you and forgave you; so now associate with them, and seek what Allah Hath ordained for you, and eat and drink, until the white thread of dawn appear to you distinct from its black thread; then complete your fast Till the night appears; but do not associate with your wives while ye are in retreat in the mosques. Those are Limits (set by) Allah: Approach not nigh thereto. Thus doth Allah make clear His Signs to men: that they may learn self-restraint.}}

	{{Quote\|{{Quran\|9\|71}}\|~~And the believers,~~ men and women, are ~~protecting friends~~ one of another~~; they~~ enjoin ~~the~~ right and forbid ~~the~~ wrong, and ~~they~~ establish ~~worship~~ and ~~they pay the poor-due,~~ and ~~they~~ obey Allah and His ~~messenger~~. ~~As for these,~~ Allah will have mercy on them. ~~Lo!~~ Allah is ~~Mighty,~~ Wise.}}		{{Quote\|{{Quran\|9\|71}}\|The believing men and believing women are allies of one another. They enjoin what is right and forbid what is wrong and establish prayer and give zakah and obey Allah and His Messenger. Those - Allah will have mercy upon them. Indeed, Allah is Exalted in Might and Wise.}}}}

	{{Quote\|{{Al Tirmidhi\|\|6\|46\|3895}}\|Narrated 'Aishah:		{{Quote\|{{Al Tirmidhi\|\|6\|46\|3895}}\|Narrated 'Aishah:
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	{{Main\|Women in Islamic Law}}Women are legally disadvantaged by Islamic law in several domains of life. Particularly, women are disadvantaged in matters of sexual, domestic, legal, financial, sartorial, and physical autonomy. According to Islamic legal theory, while not all of Islamic law necessarily has a perceptibly rational basis, legal restrictions on women may be due to their supposed intellectual deficiency, which was pronounced by Muhammad according to Sahih Bukhari.		{{Main\|Women in Islamic Law}}Women are legally disadvantaged by Islamic law in several domains of life. Particularly, women are disadvantaged in matters of sexual, domestic, legal, financial, sartorial, and physical autonomy. According to Islamic legal theory, while not all of Islamic law necessarily has a perceptibly rational basis, legal restrictions on women may be due to their supposed intellectual deficiency, which was pronounced by Muhammad according to Sahih Bukhari.
	===Genital Mutilation (FGM)===		===Genital Mutilation (FGM)===
	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 laws and preferences. Views on the specific type of FGM required or permitted vary within and between the madhhabs. Some prominent modern Islamic scholars have dissented from the favorable consensus of the Islamic tradition and ruled it to be unlawful.{{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''))}}The Islamic legal tradition, while differing on its implementation, embraced FGM wholeheartedly, and, in the hadith literature, Muhammad is recorded as tacitly approving of the practice ({{Muslim\|3\|684\|}}) , prescribing circumcision in general without specifying the requirements thereof per gender ({{Bukhari\|7\|72\|777\|}}), and commenting generically on its implementation ({{Abu Dawud\|41\|5251\|}}). Nowhere is Muhammad recorded prohibiting the practice.		Female genital mutilation (FGM), while not mentioned in the Quran, 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 laws and preferences. Views on the specific type of FGM required or permitted vary within and between the madhhabs. Some prominent modern Islamic scholars have dissented from the favorable consensus of the Islamic tradition and ruled it to be unlawful.{{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''))}}The Islamic legal tradition, while differing on its implementation, embraced FGM wholeheartedly, and, in the hadith literature, Muhammad is recorded as tacitly approving of the practice ({{Muslim\|3\|684\|}}) , prescribing circumcision in general without specifying the requirements thereof per gender ({{Bukhari\|7\|72\|777\|}}), and commenting generically on its implementation ({{Abu Dawud\|41\|5251\|}}). Nowhere is Muhammad recorded prohibiting the practice.

	In 2012, the Muslim Brotherhood worked to decriminalize FGM. According to Mariz Tadros (a reporter),"the Muslim Brotherhood have offered to circumcise women for a nominal fee as part of their community services, a move that threatens to reverse decades of local struggle against the harmful practice [...] Many of the Brothers (and Salafis) argue that while it is not mandatory, it is nevertheless ''mukarama'' (preferable, pleasing in the eyes of God)."<ref>Tadros, Mariz (24 May 2012). "[https://www.opendemocracy.net/en/5050/mutilating-bodies-muslim-brotherhoods-gift-to-egyptian-women/ Mutilating bodies: the Muslim Brotherhood's gift to Egyptian women]". ''openDemocracy''</ref>		In 2012, the Muslim Brotherhood worked to decriminalize FGM. According to Mariz Tadros (a reporter),"the Muslim Brotherhood have offered to circumcise women for a nominal fee as part of their community services, a move that threatens to reverse decades of local struggle against the harmful practice [...] Many of the Brothers (and Salafis) argue that while it is not mandatory, it is nevertheless ''mukarama'' (preferable, pleasing in the eyes of God)."<ref>Tadros, Mariz (24 May 2012). "[https://www.opendemocracy.net/en/5050/mutilating-bodies-muslim-brotherhoods-gift-to-egyptian-women/ Mutilating bodies: the Muslim Brotherhood's gift to Egyptian women]". ''openDemocracy''</ref>
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	The major schools of Islamic jurisprudence were in agreement that a pre-pubescent child could be contracted in marriage by his or her father [[Forced Marriage\|and without consent]]. They based this view variously on [[Muhammad]]'s marriage to [[Aisha]], the example of his [[Sahabah\|companions]], and the Quran (particularly {{Quran\|65\|4}}). The Maliki and Shafi'i schools even allowed a father to forcibly contract his daughter in marriage who had already reached puberty if she was still a virgin, despite hadith evidence indicating otherwise. The family were to hand over the betrothed wife for consummation of the marriage when they determined that the girl was now able to endure intercourse without physical harm rather than this being tied to any particular age (though Ibn Hanbal specified the age of nine due to the example of Aisha's marital consummation with Muhammad). Some Quranic commentators interpreted the Quran such that only females who had reached puberty can be contracted in marriage, though most thought that marriage of minors was permitted. The Byzantines around this time allowed girls to be married from the age of thirteen and the Persian Sassanids allowed marital consummation from the age of twelve.		The major schools of Islamic jurisprudence were in agreement that a pre-pubescent child could be contracted in marriage by his or her father [[Forced Marriage\|and without consent]]. They based this view variously on [[Muhammad]]'s marriage to [[Aisha]], the example of his [[Sahabah\|companions]], and the Quran (particularly {{Quran\|65\|4}}). The Maliki and Shafi'i schools even allowed a father to forcibly contract his daughter in marriage who had already reached puberty if she was still a virgin, despite hadith evidence indicating otherwise. The family were to hand over the betrothed wife for consummation of the marriage when they determined that the girl was now able to endure intercourse without physical harm rather than this being tied to any particular age (though Ibn Hanbal specified the age of nine due to the example of Aisha's marital consummation with Muhammad). Some Quranic commentators interpreted the Quran such that only females who had reached puberty can be contracted in marriage, though most thought that marriage of minors was permitted. The Byzantines around this time allowed girls to be married from the age of thirteen and the Persian Sassanids allowed marital consummation from the age of twelve.

	Today, [[w:Marriageable_age\|many modern Muslim countries]] have legislated to raise the minimum age of marriage, in many cases to the age of 16 or 18 for girls (though often with loopholes or with ineffective enforcement) and to prevent forced marriage, often in the face of opposition from Islamic scholars. Many Muslim campaign groups and charities have been involved in this process and continue to offer help to those at risk (see the article [[Forced Marriage]] which includes sources of help).<ref>For example [https://www.mwnuk.co.uk/Forced_Marriage_7_factsheets.php Muslim Women's Network UK] and [https://preventforcedmarriage.org/forced-marriage-overseas-pakistan/ Tahirih Justice Center Forced Marriage Initiative]</ref> In collaboration with activists, in 2019 the deputy Grand Imam of al-Azhar University in Cairo issued a fatwa calling for marriage based on mutual consent with a minimum age set as 18.<ref>[https://www.theguardian.com/global-development/2019/jun/21/senior-islamic-cleric-issues-fatwa-against-child-marriage Senior Islamic cleric issues fatwa against child marriage] - Guardian.com</ref> Unicef say that the prevalence of child marriages are decreasing globally but are nevertheless common (including among non-Muslim populations in some regions of the world).		Today, [[w:Marriageable_age\|many modern Muslim countries]] have legislated to raise the minimum age of marriage, in many cases to the age of 16 or 18 for girls (though often with loopholes or with ineffective enforcement) and to prevent forced marriage, often in the face of opposition (though sometimes support) from Islamic scholars. Many Muslim campaign groups and charities have been involved in this reform process and continue to offer help to those at risk (see the article [[Forced Marriage]] which includes sources of help).<ref>For example [https://www.mwnuk.co.uk/Forced_Marriage_7_factsheets.php Muslim Women's Network UK] and [https://preventforcedmarriage.org/forced-marriage-overseas-pakistan/ Tahirih Justice Center Forced Marriage Initiative]</ref> In collaboration with activists, in 2019 the deputy Grand Imam of al-Azhar University in Cairo issued a fatwa calling for marriage based on mutual consent with a minimum age set as 18.<ref>[https://www.theguardian.com/global-development/2019/jun/21/senior-islamic-cleric-issues-fatwa-against-child-marriage Senior Islamic cleric issues fatwa against child marriage] - Guardian.com</ref> Unicef say that the prevalence of child marriages are decreasing globally but are nevertheless common (including among non-Muslim populations in some regions of the world).

	====Muhammad's encouragement to marry and fondle young virgins====		====Muhammad's encouragement to marry and fondle young virgins====

Lightyears at 23:43, 22 May 2025

2025-05-22T23:43:41Z

← Older revision		Revision as of 23:43, 22 May 2025
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	{{Quote\|{{Quran\|4\|176}}\|They request from you a [legal] ruling. Say, "Allah gives you a ruling concerning one having neither descendants nor ascendants [as heirs]." If a man dies, leaving no child but [only] a sister, she will have half of what he left. And he inherits from her if she [dies and] has no child. But if there are two sisters [or more], they will have two-thirds of what he left. If there are both brothers and sisters, the male will have the share of two females. Allah makes clear to you [His law], lest you go astray. And Allah is Knowing of all things.}}		{{Quote\|{{Quran\|4\|176}}\|They request from you a [legal] ruling. Say, "Allah gives you a ruling concerning one having neither descendants nor ascendants [as heirs]." If a man dies, leaving no child but [only] a sister, she will have half of what he left. And he inherits from her if she [dies and] has no child. But if there are two sisters [or more], they will have two-thirds of what he left. If there are both brothers and sisters, the male will have the share of two females. Allah makes clear to you [His law], lest you go astray. And Allah is Knowing of all things.}}

	~~Another verse in the same surah tells women not to covet the greater share that men receive.~~
	{{Quote\|{{Quran-range\|4\|32\|33}}\|And do not wish for that by which Allah has made some of you exceed others. For men is a share of what they have earned, and for women is a share of what they have earned. And ask Allah of his bounty. Indeed Allah is ever, of all things, Knowing.
	~~And for all, We have made heirs to what is left by parents and relatives. And to those whom your oaths have bound [to you] - give them their share. Indeed Allah is ever, over all things, a Witness.}}~~

	===Attire===		===Attire===

Lightyears at 23:37, 22 May 2025

2025-05-22T23:37:09Z

← Older revision		Revision as of 23:37, 22 May 2025
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	{{Quote\|{{Quran\|2\|187}}\|Permitted to you, on the night of the fasts, is the approach to your wives. They are your garments and ye are their garments. Allah knoweth what ye used to do secretly among yourselves; but He turned to you and forgave you; so now associate with them, and seek what Allah Hath ordained for you, and eat and drink, until the white thread of dawn appear to you distinct from its black thread; then complete your fast Till the night appears; but do not associate with your wives while ye are in retreat in the mosques. Those are Limits (set by) Allah: Approach not nigh thereto. Thus doth Allah make clear His Signs to men: that they may learn self-restraint.}}		{{Quote\|{{Quran\|2\|187}}\|Permitted to you, on the night of the fasts, is the approach to your wives. They are your garments and ye are their garments. Allah knoweth what ye used to do secretly among yourselves; but He turned to you and forgave you; so now associate with them, and seek what Allah Hath ordained for you, and eat and drink, until the white thread of dawn appear to you distinct from its black thread; then complete your fast Till the night appears; but do not associate with your wives while ye are in retreat in the mosques. Those are Limits (set by) Allah: Approach not nigh thereto. Thus doth Allah make clear His Signs to men: that they may learn self-restraint.}}

			{{Quote\|{{Quran\|9\|71}}\|And the believers, men and women, are protecting friends one of another; they enjoin the right and forbid the wrong, and they establish worship and they pay the poor-due, and they obey Allah and His messenger. As for these, Allah will have mercy on them. Lo! Allah is Mighty, Wise.}}

	{{Quote\|{{Al Tirmidhi\|\|6\|46\|3895}}\|Narrated 'Aishah:		{{Quote\|{{Al Tirmidhi\|\|6\|46\|3895}}\|Narrated 'Aishah:
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	{{Quote\|{{Quran\|4\|176}}\|They request from you a [legal] ruling. Say, "Allah gives you a ruling concerning one having neither descendants nor ascendants [as heirs]." If a man dies, leaving no child but [only] a sister, she will have half of what he left. And he inherits from her if she [dies and] has no child. But if there are two sisters [or more], they will have two-thirds of what he left. If there are both brothers and sisters, the male will have the share of two females. Allah makes clear to you [His law], lest you go astray. And Allah is Knowing of all things.}}		{{Quote\|{{Quran\|4\|176}}\|They request from you a [legal] ruling. Say, "Allah gives you a ruling concerning one having neither descendants nor ascendants [as heirs]." If a man dies, leaving no child but [only] a sister, she will have half of what he left. And he inherits from her if she [dies and] has no child. But if there are two sisters [or more], they will have two-thirds of what he left. If there are both brothers and sisters, the male will have the share of two females. Allah makes clear to you [His law], lest you go astray. And Allah is Knowing of all things.}}

			Another verse in the same surah tells women not to covet the greater share that men receive.
			{{Quote\|{{Quran-range\|4\|32\|33}}\|And do not wish for that by which Allah has made some of you exceed others. For men is a share of what they have earned, and for women is a share of what they have earned. And ask Allah of his bounty. Indeed Allah is ever, of all things, Knowing.
			And for all, We have made heirs to what is left by parents and relatives. And to those whom your oaths have bound [to you] - give them their share. Indeed Allah is ever, over all things, a Witness.}}

	===Attire===		===Attire===

CPO675: Apologies, I realised the hadith didn't C&P over.. fixed now

2025-02-01T10:03:38Z

Apologies, I realised the hadith didn't C&P over.. fixed now

← Older revision		Revision as of 10:03, 1 February 2025
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	{{Main\|Sex Segregation in Islam}}In Islamic law, unrelated women and men are not allowed to be alone together, have any sort of physical contact, engage in frivolous conversation, look at one another for any reason other than momentarily for the purpose of identification, or pray such that a woman is located in front of or adjacent to any man (women must stand behind men in prayer). Muhammad's wives are instructed in the Quran to remain at home as much as possible and according to hadiths Muhammad did not permit women to travel on significant journeys except under the supervision of a male guardian or relative. Some medieval scholars forbade women to leave their homes at all without permission. Modernist scholars generally contest these interpretations using other hadiths and arguments.		{{Main\|Sex Segregation in Islam}}In Islamic law, unrelated women and men are not allowed to be alone together, have any sort of physical contact, engage in frivolous conversation, look at one another for any reason other than momentarily for the purpose of identification, or pray such that a woman is located in front of or adjacent to any man (women must stand behind men in prayer). Muhammad's wives are instructed in the Quran to remain at home as much as possible and according to hadiths Muhammad did not permit women to travel on significant journeys except under the supervision of a male guardian or relative. Some medieval scholars forbade women to leave their homes at all without permission. Modernist scholars generally contest these interpretations using other hadiths and arguments.

	=== ~~The amount of~~ "~~blood~~ money" (diya) ~~for a murdered women is worth half that of a man~~ ===		=== "Blood money" (diya) ===
	{{Quote\|1={{Quran\|178-179}}\|2=O you who have faith! Retribution is prescribed for you regarding the slain: freeman for freeman, slave for slave, and female for female. But if one is granted any extenuation by his brother, let the follow up [for the blood-money] be honourable, and let the payment to him be with kindness. That is a remission from your Lord and a mercy; and should anyone transgress after that, there shall be a painful punishment for him. There is life for you in retribution, O you who possess intellects! Maybe you will be Godwary!}}Women are classed as a separate category of people than men, as are slaves to free people, to take retribution on for murder.<ref>Lowry, Joseph E.. ''"[https://www.degruyter.com/document/doi/10.1515/asia-2023-0017/html?lang=en&srsltid=AfmBOopgJ7jZKaeahTy4etRPfjtYdhZMkRb9zLEi1AHJltXuAu8aYh-p Quranic Law and Its ‘Biblical’ Intertexts]" pp. 452–453.'' Asiatische Studien - Études Asiatiques, vol. 78, no. 3, 2024, pp. 431-467. <nowiki>https://doi.org/10.1515/asia-2023-0017</nowiki> ''The rules set forth at Q. 5:45 are fairly congruent with the tort legislation found at Q. 2:178–179 and Q. 4:92–93. In Sūrat al-Baqara (Q. 2) the Quran licenses retaliation (qiṣāṣ) against socially equivalent individuals (naming free persons, enslaved per�sons, and women) in cases of homicide (v. 178) and identifies deterrence as the policy behind such retaliation (v. 179). That passage refers only to victims of homicide in general (al-qatlà, slain persons) and does not deal with intent, though it would be reasonable to infer that the rules there refer only to intentional killing.<sup>58</sup> The passage in Sūrat al-Nisāʾ distinguishes between intent and mistake in cases of homicide when the victim is a believer, requiring, in the case of mistaken killing, the freeing of a believing slave as penance (or fasting if the perpetrator is too poor to own a slave) and the payment of a blood price (diya) to the victim’s kin, which they may waive (v. 92). The Quran does not, in these two passages, address battery, and it does not expressly address intentional killing beyond declaring that it leads to perdition and divine wrath (Q. 4:93)''.' ''All three passages share an important substantive element, which is the possi�bility of waiver of the claim for retaliation by the victim’s kin. In Sūrat al-Baqara (Q. 2), this idea is referred to relative to the perpetrator, using the verb “to pardon” (man ʿufiya la-hu, “whoever is pardoned,” v. 178). In Sūrat al-Nisāʾ (Q. 4) and Sūrat al�Māʾida (Q. 5) it is referred to relative to the claimants, using the verb meaning “to (charitably) waive” (illā an yaṣṣaddaqū, “unless they waive it,” Q. 4:92; man taṣad�daqa,“whoever waives it,” Q. 5:45). The biblical intertexts do not refer to waiver; that fact suggests that the possibility of waiver is part of quranic tort law and that the passage in Sūrat al-Māʾida should not be understood solely as a historical reference. The passage from Sūrat al-Māʾida also shares with that from Sūrat al-Baqara the idea of divine imposition of a law through scripture (prescription: kutiba, “it is/was prescribed”; katabnā, “We prescribe”) and the technical term qiṣāṣ (retaliation). The terminological and doctrinal similarities make it possible to read all three passages together to form a coherent legislative whole.59 They address intentional homicide (Q. 2:178–179; Q. 4:93; Q. 5:45), homicide by mistake (Q. 4:92), intentional wounding (Q. 5:45), and waiver of retaliation for intentional homicide and wounding (Q. 2:178; Q. 5:45). The only topic left unaddressed is unintentional wounding. Subtracting the verse from Sūrat al-Māʾida (Q. 5) form quranic tort law (i.e., reading it solely as a historical reference) would leave intentional wounding unaddressed.''</ref> Both classical<ref>[https://www.islamweb.net/en/fatwa/384850/a-woman%E2%80%99s-diyyah-is-half-of-that-of-the-man A Woman’s Diyyah is Half of That of the Man.] Islamnet.web fatwa. 2018</ref> (including all four Sunni schools of Islamic thought: Hanbali, Maliki, Hanafi, and Shafi'i)<ref name=":0">Syed Naeem Badshah, & Kifait Ullah Hamdani. (2016). ''The issue of "blood money" or recompense for loss of a life of female; A detailed analysis in the light of Quran, traditions and intellect: The issue of "blood money" or recompense for loss of a life of female; A detailed analysis in the light of Quran, traditions and intellect.'' Al-Azhār University, 2(01), 22–50. Retrieved from <nowiki>https://www.al-azhaar.org/index.php/alazhar/article/view/379</nowiki></ref> and modern (including Al-Azhar university)<ref>See: ''Ahmed ibn Naqib al-Misri, Reliance of the Traveller: A Classic Manual of Islamic Sacred Law, Nuh Ha Mim Keller, trans. (Beltsville, Maryland: Amana Publications, 1999), xx; o4.9. pp590.'' (Can be found in page 608/1251 of the free [https://archive.org/details/relianceofthetravellertheclassicmanualofislamicsacredlaw/page/n607/mode/2up?q=indemnity PDF on internetarchive]) a book on Islamic law which is certified by Al-Azhar University on page xx - xxi (page 16/1251 of PDF)</ref><ref name=":0" /> Islamic authorities have taken the value paid for murdered women to avoid retaliation to be half that of a murdered man.		{{Quote\|1={{Quran\|178-179}}\|2=O you who have faith! Retribution is prescribed for you regarding the slain: freeman for freeman, slave for slave, and female for female. But if one is granted any extenuation by his brother, let the follow up [for the blood-money] be honourable, and let the payment to him be with kindness. That is a remission from your Lord and a mercy; and should anyone transgress after that, there shall be a painful punishment for him. There is life for you in retribution, O you who possess intellects! Maybe you will be Godwary!}}{{Quote\|{{Muslim\|43\|4}}\|Yahya related to me from Malik that Ibn Shihab and also Urwa ibn az-Zubayr said the same as Said ibn al-Musayyab said about a woman. Her blood-money from a man is the same up to a third of the blood-money of a man. If what she is owed exceeds a third of the blood-money of the man, she is given up to half of the blood-money of a man.

			Malik said, "The explanation of that is that she has blood-money for a head wound that lays bare the bone and one that splinters the bone and for what is less than the brain wound and the belly wound and the like of that of those which obliges a third of the blood-money or more. If the amount owed her exceeds that, her blood- money in that is half of the blood-money of a man."}}
			Women are classed as a separate category of people than men, as are slaves to free people, to take retribution on for murder.<ref>Lowry, Joseph E.. ''"[https://www.degruyter.com/document/doi/10.1515/asia-2023-0017/html?lang=en&srsltid=AfmBOopgJ7jZKaeahTy4etRPfjtYdhZMkRb9zLEi1AHJltXuAu8aYh-p Quranic Law and Its ‘Biblical’ Intertexts]" pp. 452–453.'' Asiatische Studien - Études Asiatiques, vol. 78, no. 3, 2024, pp. 431-467. <nowiki>https://doi.org/10.1515/asia-2023-0017</nowiki> ''The rules set forth at Q. 5:45 are fairly congruent with the tort legislation found at Q. 2:178–179 and Q. 4:92–93. In Sūrat al-Baqara (Q. 2) the Quran licenses retaliation (qiṣāṣ) against socially equivalent individuals (naming free persons, enslaved per�sons, and women) in cases of homicide (v. 178) and identifies deterrence as the policy behind such retaliation (v. 179). That passage refers only to victims of homicide in general (al-qatlà, slain persons) and does not deal with intent, though it would be reasonable to infer that the rules there refer only to intentional killing.<sup>58</sup> The passage in Sūrat al-Nisāʾ distinguishes between intent and mistake in cases of homicide when the victim is a believer, requiring, in the case of mistaken killing, the freeing of a believing slave as penance (or fasting if the perpetrator is too poor to own a slave) and the payment of a blood price (diya) to the victim’s kin, which they may waive (v. 92). The Quran does not, in these two passages, address battery, and it does not expressly address intentional killing beyond declaring that it leads to perdition and divine wrath (Q. 4:93)''.' ''All three passages share an important substantive element, which is the possi�bility of waiver of the claim for retaliation by the victim’s kin. In Sūrat al-Baqara (Q. 2), this idea is referred to relative to the perpetrator, using the verb “to pardon” (man ʿufiya la-hu, “whoever is pardoned,” v. 178). In Sūrat al-Nisāʾ (Q. 4) and Sūrat al�Māʾida (Q. 5) it is referred to relative to the claimants, using the verb meaning “to (charitably) waive” (illā an yaṣṣaddaqū, “unless they waive it,” Q. 4:92; man taṣad�daqa,“whoever waives it,” Q. 5:45). The biblical intertexts do not refer to waiver; that fact suggests that the possibility of waiver is part of quranic tort law and that the passage in Sūrat al-Māʾida should not be understood solely as a historical reference. The passage from Sūrat al-Māʾida also shares with that from Sūrat al-Baqara the idea of divine imposition of a law through scripture (prescription: kutiba, “it is/was prescribed”; katabnā, “We prescribe”) and the technical term qiṣāṣ (retaliation). The terminological and doctrinal similarities make it possible to read all three passages together to form a coherent legislative whole.59 They address intentional homicide (Q. 2:178–179; Q. 4:93; Q. 5:45), homicide by mistake (Q. 4:92), intentional wounding (Q. 5:45), and waiver of retaliation for intentional homicide and wounding (Q. 2:178; Q. 5:45). The only topic left unaddressed is unintentional wounding. Subtracting the verse from Sūrat al-Māʾida (Q. 5) form quranic tort law (i.e., reading it solely as a historical reference) would leave intentional wounding unaddressed.''</ref> Both classical<ref>[https://www.islamweb.net/en/fatwa/384850/a-woman%E2%80%99s-diyyah-is-half-of-that-of-the-man A Woman’s Diyyah is Half of That of the Man.] Islamnet.web fatwa. 2018</ref> (including all four Sunni schools of Islamic thought: Hanbali, Maliki, Hanafi, and Shafi'i)<ref name=":0">Syed Naeem Badshah, & Kifait Ullah Hamdani. (2016). ''The issue of "blood money" or recompense for loss of a life of female; A detailed analysis in the light of Quran, traditions and intellect: The issue of "blood money" or recompense for loss of a life of female; A detailed analysis in the light of Quran, traditions and intellect.'' Al-Azhār University, 2(01), 22–50. Retrieved from <nowiki>https://www.al-azhaar.org/index.php/alazhar/article/view/379</nowiki></ref> and modern (including Al-Azhar university)<ref>See: ''Ahmed ibn Naqib al-Misri, Reliance of the Traveller: A Classic Manual of Islamic Sacred Law, Nuh Ha Mim Keller, trans. (Beltsville, Maryland: Amana Publications, 1999), xx; o4.9. pp590.'' (Can be found in page 608/1251 of the free [https://archive.org/details/relianceofthetravellertheclassicmanualofislamicsacredlaw/page/n607/mode/2up?q=indemnity PDF on internetarchive]) a book on Islamic law which is certified by Al-Azhar University on page xx - xxi (page 16/1251 of PDF)</ref><ref name=":0" /> Islamic authorities have taken the value paid for murdered women to avoid retaliation to be half that of a murdered man.
	==Muhammad and Women==		==Muhammad and Women==

CPO675: Changed section to Sub-heading 1 as it is a separate point

2025-02-01T10:01:29Z

Changed section to Sub-heading 1 as it is a separate point

← Older revision		Revision as of 10:01, 1 February 2025
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	===Gender Segregation===		===Gender Segregation===
	{{Main\|Sex Segregation in Islam}}In Islamic law, unrelated women and men are not allowed to be alone together, have any sort of physical contact, engage in frivolous conversation, look at one another for any reason other than momentarily for the purpose of identification, or pray such that a woman is located in front of or adjacent to any man (women must stand behind men in prayer). Muhammad's wives are instructed in the Quran to remain at home as much as possible and according to hadiths Muhammad did not permit women to travel on significant journeys except under the supervision of a male guardian or relative. Some medieval scholars forbade women to leave their homes at all without permission. Modernist scholars generally contest these interpretations using other hadiths and arguments.		{{Main\|Sex Segregation in Islam}}In Islamic law, unrelated women and men are not allowed to be alone together, have any sort of physical contact, engage in frivolous conversation, look at one another for any reason other than momentarily for the purpose of identification, or pray such that a woman is located in front of or adjacent to any man (women must stand behind men in prayer). Muhammad's wives are instructed in the Quran to remain at home as much as possible and according to hadiths Muhammad did not permit women to travel on significant journeys except under the supervision of a male guardian or relative. Some medieval scholars forbade women to leave their homes at all without permission. Modernist scholars generally contest these interpretations using other hadiths and arguments.
	==== The amount of "blood money" (diya) for a murdered women is worth half that of a man====
			=== The amount of "blood money" (diya) for a murdered women is worth half that of a man ===
	{{Quote\|1={{Quran\|178-179}}\|2=O you who have faith! Retribution is prescribed for you regarding the slain: freeman for freeman, slave for slave, and female for female. But if one is granted any extenuation by his brother, let the follow up [for the blood-money] be honourable, and let the payment to him be with kindness. That is a remission from your Lord and a mercy; and should anyone transgress after that, there shall be a painful punishment for him. There is life for you in retribution, O you who possess intellects! Maybe you will be Godwary!}}Women are classed as a separate category of people than men, as are slaves to free people, to take retribution on for murder.<ref>Lowry, Joseph E.. ''"[https://www.degruyter.com/document/doi/10.1515/asia-2023-0017/html?lang=en&srsltid=AfmBOopgJ7jZKaeahTy4etRPfjtYdhZMkRb9zLEi1AHJltXuAu8aYh-p Quranic Law and Its ‘Biblical’ Intertexts]" pp. 452–453.'' Asiatische Studien - Études Asiatiques, vol. 78, no. 3, 2024, pp. 431-467. <nowiki>https://doi.org/10.1515/asia-2023-0017</nowiki> ''The rules set forth at Q. 5:45 are fairly congruent with the tort legislation found at Q. 2:178–179 and Q. 4:92–93. In Sūrat al-Baqara (Q. 2) the Quran licenses retaliation (qiṣāṣ) against socially equivalent individuals (naming free persons, enslaved per�sons, and women) in cases of homicide (v. 178) and identifies deterrence as the policy behind such retaliation (v. 179). That passage refers only to victims of homicide in general (al-qatlà, slain persons) and does not deal with intent, though it would be reasonable to infer that the rules there refer only to intentional killing.<sup>58</sup> The passage in Sūrat al-Nisāʾ distinguishes between intent and mistake in cases of homicide when the victim is a believer, requiring, in the case of mistaken killing, the freeing of a believing slave as penance (or fasting if the perpetrator is too poor to own a slave) and the payment of a blood price (diya) to the victim’s kin, which they may waive (v. 92). The Quran does not, in these two passages, address battery, and it does not expressly address intentional killing beyond declaring that it leads to perdition and divine wrath (Q. 4:93)''.' ''All three passages share an important substantive element, which is the possi�bility of waiver of the claim for retaliation by the victim’s kin. In Sūrat al-Baqara (Q. 2), this idea is referred to relative to the perpetrator, using the verb “to pardon” (man ʿufiya la-hu, “whoever is pardoned,” v. 178). In Sūrat al-Nisāʾ (Q. 4) and Sūrat al�Māʾida (Q. 5) it is referred to relative to the claimants, using the verb meaning “to (charitably) waive” (illā an yaṣṣaddaqū, “unless they waive it,” Q. 4:92; man taṣad�daqa,“whoever waives it,” Q. 5:45). The biblical intertexts do not refer to waiver; that fact suggests that the possibility of waiver is part of quranic tort law and that the passage in Sūrat al-Māʾida should not be understood solely as a historical reference. The passage from Sūrat al-Māʾida also shares with that from Sūrat al-Baqara the idea of divine imposition of a law through scripture (prescription: kutiba, “it is/was prescribed”; katabnā, “We prescribe”) and the technical term qiṣāṣ (retaliation). The terminological and doctrinal similarities make it possible to read all three passages together to form a coherent legislative whole.59 They address intentional homicide (Q. 2:178–179; Q. 4:93; Q. 5:45), homicide by mistake (Q. 4:92), intentional wounding (Q. 5:45), and waiver of retaliation for intentional homicide and wounding (Q. 2:178; Q. 5:45). The only topic left unaddressed is unintentional wounding. Subtracting the verse from Sūrat al-Māʾida (Q. 5) form quranic tort law (i.e., reading it solely as a historical reference) would leave intentional wounding unaddressed.''</ref> Both classical<ref>[https://www.islamweb.net/en/fatwa/384850/a-woman%E2%80%99s-diyyah-is-half-of-that-of-the-man A Woman’s Diyyah is Half of That of the Man.] Islamnet.web fatwa. 2018</ref> (including all four Sunni schools of Islamic thought: Hanbali, Maliki, Hanafi, and Shafi'i)<ref name=":0">Syed Naeem Badshah, & Kifait Ullah Hamdani. (2016). ''The issue of "blood money" or recompense for loss of a life of female; A detailed analysis in the light of Quran, traditions and intellect: The issue of "blood money" or recompense for loss of a life of female; A detailed analysis in the light of Quran, traditions and intellect.'' Al-Azhār University, 2(01), 22–50. Retrieved from <nowiki>https://www.al-azhaar.org/index.php/alazhar/article/view/379</nowiki></ref> and modern (including Al-Azhar university)<ref>See: ''Ahmed ibn Naqib al-Misri, Reliance of the Traveller: A Classic Manual of Islamic Sacred Law, Nuh Ha Mim Keller, trans. (Beltsville, Maryland: Amana Publications, 1999), xx; o4.9. pp590.'' (Can be found in page 608/1251 of the free [https://archive.org/details/relianceofthetravellertheclassicmanualofislamicsacredlaw/page/n607/mode/2up?q=indemnity PDF on internetarchive]) a book on Islamic law which is certified by Al-Azhar University on page xx - xxi (page 16/1251 of PDF)</ref><ref name=":0" /> Islamic authorities have taken the value paid for murdered women to avoid retaliation to be half that of a murdered man.		{{Quote\|1={{Quran\|178-179}}\|2=O you who have faith! Retribution is prescribed for you regarding the slain: freeman for freeman, slave for slave, and female for female. But if one is granted any extenuation by his brother, let the follow up [for the blood-money] be honourable, and let the payment to him be with kindness. That is a remission from your Lord and a mercy; and should anyone transgress after that, there shall be a painful punishment for him. There is life for you in retribution, O you who possess intellects! Maybe you will be Godwary!}}Women are classed as a separate category of people than men, as are slaves to free people, to take retribution on for murder.<ref>Lowry, Joseph E.. ''"[https://www.degruyter.com/document/doi/10.1515/asia-2023-0017/html?lang=en&srsltid=AfmBOopgJ7jZKaeahTy4etRPfjtYdhZMkRb9zLEi1AHJltXuAu8aYh-p Quranic Law and Its ‘Biblical’ Intertexts]" pp. 452–453.'' Asiatische Studien - Études Asiatiques, vol. 78, no. 3, 2024, pp. 431-467. <nowiki>https://doi.org/10.1515/asia-2023-0017</nowiki> ''The rules set forth at Q. 5:45 are fairly congruent with the tort legislation found at Q. 2:178–179 and Q. 4:92–93. In Sūrat al-Baqara (Q. 2) the Quran licenses retaliation (qiṣāṣ) against socially equivalent individuals (naming free persons, enslaved per�sons, and women) in cases of homicide (v. 178) and identifies deterrence as the policy behind such retaliation (v. 179). That passage refers only to victims of homicide in general (al-qatlà, slain persons) and does not deal with intent, though it would be reasonable to infer that the rules there refer only to intentional killing.<sup>58</sup> The passage in Sūrat al-Nisāʾ distinguishes between intent and mistake in cases of homicide when the victim is a believer, requiring, in the case of mistaken killing, the freeing of a believing slave as penance (or fasting if the perpetrator is too poor to own a slave) and the payment of a blood price (diya) to the victim’s kin, which they may waive (v. 92). The Quran does not, in these two passages, address battery, and it does not expressly address intentional killing beyond declaring that it leads to perdition and divine wrath (Q. 4:93)''.' ''All three passages share an important substantive element, which is the possi�bility of waiver of the claim for retaliation by the victim’s kin. In Sūrat al-Baqara (Q. 2), this idea is referred to relative to the perpetrator, using the verb “to pardon” (man ʿufiya la-hu, “whoever is pardoned,” v. 178). In Sūrat al-Nisāʾ (Q. 4) and Sūrat al�Māʾida (Q. 5) it is referred to relative to the claimants, using the verb meaning “to (charitably) waive” (illā an yaṣṣaddaqū, “unless they waive it,” Q. 4:92; man taṣad�daqa,“whoever waives it,” Q. 5:45). The biblical intertexts do not refer to waiver; that fact suggests that the possibility of waiver is part of quranic tort law and that the passage in Sūrat al-Māʾida should not be understood solely as a historical reference. The passage from Sūrat al-Māʾida also shares with that from Sūrat al-Baqara the idea of divine imposition of a law through scripture (prescription: kutiba, “it is/was prescribed”; katabnā, “We prescribe”) and the technical term qiṣāṣ (retaliation). The terminological and doctrinal similarities make it possible to read all three passages together to form a coherent legislative whole.59 They address intentional homicide (Q. 2:178–179; Q. 4:93; Q. 5:45), homicide by mistake (Q. 4:92), intentional wounding (Q. 5:45), and waiver of retaliation for intentional homicide and wounding (Q. 2:178; Q. 5:45). The only topic left unaddressed is unintentional wounding. Subtracting the verse from Sūrat al-Māʾida (Q. 5) form quranic tort law (i.e., reading it solely as a historical reference) would leave intentional wounding unaddressed.''</ref> Both classical<ref>[https://www.islamweb.net/en/fatwa/384850/a-woman%E2%80%99s-diyyah-is-half-of-that-of-the-man A Woman’s Diyyah is Half of That of the Man.] Islamnet.web fatwa. 2018</ref> (including all four Sunni schools of Islamic thought: Hanbali, Maliki, Hanafi, and Shafi'i)<ref name=":0">Syed Naeem Badshah, & Kifait Ullah Hamdani. (2016). ''The issue of "blood money" or recompense for loss of a life of female; A detailed analysis in the light of Quran, traditions and intellect: The issue of "blood money" or recompense for loss of a life of female; A detailed analysis in the light of Quran, traditions and intellect.'' Al-Azhār University, 2(01), 22–50. Retrieved from <nowiki>https://www.al-azhaar.org/index.php/alazhar/article/view/379</nowiki></ref> and modern (including Al-Azhar university)<ref>See: ''Ahmed ibn Naqib al-Misri, Reliance of the Traveller: A Classic Manual of Islamic Sacred Law, Nuh Ha Mim Keller, trans. (Beltsville, Maryland: Amana Publications, 1999), xx; o4.9. pp590.'' (Can be found in page 608/1251 of the free [https://archive.org/details/relianceofthetravellertheclassicmanualofislamicsacredlaw/page/n607/mode/2up?q=indemnity PDF on internetarchive]) a book on Islamic law which is certified by Al-Azhar University on page xx - xxi (page 16/1251 of PDF)</ref><ref name=":0" /> Islamic authorities have taken the value paid for murdered women to avoid retaliation to be half that of a murdered man.
	==Muhammad and Women==		==Muhammad and Women==