Women in Islamic Law - Revision history

Lightyears: Merged sections and more accurate regarding divorce

2026-03-20T22:53:00Z

Merged sections and more accurate regarding divorce

← Older revision		Revision as of 22:53, 20 March 2026
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	====Polygamy (four wives per husband)====		====Polygamy (four wives per husband)====
	{{Main\|Polygamy in Islam\|Dealing Justly with Wives and Orphans (Qur'an 4:3)}}Islamic law permits men to marry up to four wives (alongside an unlimited number of concubines), while women are restricted to a single husband and are prohibited from any other form of sexual activity. Modern Islamic scholars differ on whether or not a bride may stipulate as a condition of her marriage that her husband remain monogamous. Some argue that this is permissible while others maintain that such a restriction cannot be justified as it impedes on rights that God has given men (where accepted, this practice is implemented through what is known as a ''talaq al-tafwid'', or 'delegated divorce'). {{Quran\|4\|3}}, which permits Muslim men to take up to four wives, also demands that they do 'justice' to their wives. According to most Muslim scholars, this does not prohibit any sort of romantic favoritism, and serves only to make sure that those who take on multiple wives have the minimum necessary financial wherewithal to do so. Muhammad himself (who was exempt from the four-wife limit per the Quran,<ref>{{Quran\|33\|50}}</ref> married nearly a dozen wives (having eleven at once), and kept concubines) openly pronounced and practiced his preference for Aisha, who was his favorite and youngest wife.{{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.}}Muhammad also restricted his son-in-law Ali (who was also his first cousin) from engaging in polygamy and demanded that he remain monogamous with his daughter Fatima.{{Quote\|{{Bukhari\|\|\|5230\|darussalam}}\| Narrated Al-Miswar bin Makhrama:		{{Main\|Polygamy in Islam\|Dealing Justly with Wives and Orphans (Qur'an 4:3)}}Islamic law permits men to marry up to four wives (alongside an unlimited number of concubines). {{Quran\|4\|3}}, which permits Muslim men to take up to four wives, also demands that they do 'justice' to their wives. According to most Muslim scholars, this does not prohibit any sort of romantic favoritism, and serves only to make sure that those who take on multiple wives have the minimum necessary financial wherewithal to do so. Muhammad himself (who was exempt from the four-wife limit per the Quran,<ref>{{Quran\|33\|50}}</ref> married nearly a dozen wives (having eleven at once), and kept concubines) openly pronounced and practiced his preference for Aisha, who was his favorite and youngest wife.{{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.}}Muhammad also restricted his son-in-law Ali (who was also his first cousin) from engaging in polygamy and demanded that he remain monogamous with his daughter Fatima.{{Quote\|{{Bukhari\|\|\|5230\|darussalam}}\| 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."'''}}

			Under the Hanbali school alone, women may stipulate conditions in the marriage contract 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 a stipulation is unenforcable according to the Hanafi, Shafi'i, and Maliki schools on the basis that it 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.}}

	====Autonomy of virgins vs. non-virgins====		====Autonomy of virgins vs. non-virgins====
	A hadith recorded in the Muwatta of Imam Malik, one of the earliest written collections of hadiths, states that women who have already been married are entitled to greater autonomy in who they marry than virgins (who have never been married). The various schools of Islamic law have interpreted this and hadiths to a similar effect in various ways and have given women who have married at least once greater rights with respect to their marital lives than those who have not.{{Quote\|{{Muwatta\|28\|2\|4}}\|Malik related to me from Abdullah ibn al-Fadl from Nafi ibn Jubayr ibn Mutim from Abdullah ibn Abbas that the Messenger of Allah, may Allah bless him and grant him peace, said, "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 for herself, and her consent is her silence "}}		A hadith recorded in the Muwatta of Imam Malik, one of the earliest written collections of hadiths, states that women who have already been married are entitled to greater autonomy in who they marry than virgins (who have never been married). The various schools of Islamic law have interpreted this and hadiths to a similar effect in various ways and have given women who have married at least once greater rights with respect to their marital lives than those who have not.{{Quote\|{{Muwatta\|28\|2\|4}}\|Malik related to me from Abdullah ibn al-Fadl from Nafi ibn Jubayr ibn Mutim from Abdullah ibn Abbas that the Messenger of Allah, may Allah bless him and grant him peace, said, "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 for herself, and her consent is her silence "}}
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	{{Quote\|John L. Eposito, "Women in Muslim Family Law", 2001, p. 26\|In classical Hanafi law, the wife is put at a further disadvantage economically by the fact that neither inability nor refusal to maintain is considered sufficient grounds for dissolution of a marriage. This is contrary to the principles of both the Malaki and Shafii schools. The hardships resulting from the traditional Hanafi position are numerous.}}		{{Quote\|John L. Eposito, "Women in Muslim Family Law", 2001, p. 26\|In classical Hanafi law, the wife is put at a further disadvantage economically by the fact that neither inability nor refusal to maintain is considered sufficient grounds for dissolution of a marriage. This is contrary to the principles of both the Malaki and Shafii schools. The hardships resulting from the traditional Hanafi position are numerous.}}

	~~===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.

	{{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.}}

	==Divorce==		==Divorce==

	===Requirements for divorce===		===Requirements for 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 [[Khul']]. 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).{{Quote\|{{Quran-range\|2\|228\|229}}\|Divorced women shall wait concerning themselves for three monthly periods. Nor is it lawful for them to hide what Allah Hath created in their wombs…. And their husbands have the better right to take them back in that period, if they wish for reconciliation. And women shall have rights similar to the rights against them, according to what is equitable; but men have a degree (of advantage) over them. A divorce is only permissible twice: after that, the parties should either hold Together on equitable terms, or separate with kindness. It is not lawful for you, (Men), to take back any of your gifts (from your wives), except when both parties fear that they would be unable to keep the limits ordained by Allah. If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah, there is no blame on either of them if she give something for her freedom. These are the limits ordained by Allah; so do not transgress them if any do transgress the limits ordained by Allah, such persons wrong (Themselves as well as others).}}		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 [[Khul']]. 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).{{Quote\|{{Quran-range\|2\|228\|229}}\|Divorced women shall wait concerning themselves for three monthly periods. Nor is it lawful for them to hide what Allah Hath created in their wombs…. And their husbands have the better right to take them back in that period, if they wish for reconciliation. And women shall have rights similar to the rights against them, according to what is equitable; but men have a degree (of advantage) over them. A divorce is only permissible twice: after that, the parties should either hold Together on equitable terms, or separate with kindness. It is not lawful for you, (Men), to take back any of your gifts (from your wives), except when both parties fear that they would be unable to keep the limits ordained by Allah. If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah, there is no blame on either of them if she give something for her freedom. These are the limits ordained by Allah; so do not transgress them if any do transgress the limits ordained by Allah, such persons wrong (Themselves as well as others).}}

	{{Quote\|{{Quran\|4\|128}}\|If a wife fears cruelty or desertion on her husband's part, there is no blame on them if they arrange an amicable settlement between themselves; and such settlement is best; even though men's souls are swayed by greed.}}		{{Quote\|{{Quran\|4\|128}}\|If a wife fears cruelty or desertion on her husband's part, there is no blame on them if they arrange an amicable settlement between themselves; and such settlement is best; even though men's souls are swayed by greed.}}

Lightyears at 01:15, 15 November 2025

2025-11-15T01:15:52Z

← Older revision		Revision as of 01:15, 15 November 2025
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	We used to participate in the holy wars carried on by the Prophet and we had no women (wives) with us. So we said (to the Prophet ). "Shall we castrate ourselves?" But the Prophet forbade us to do that and thenceforth he allowed us to marry a woman (temporarily) by giving her even a garment, and then he recited: "O you who believe! Do not make unlawful the good things which Allah has made lawful for you." {{Quran\|5\|87}} }}		We used to participate in the holy wars carried on by the Prophet and we had no women (wives) with us. So we said (to the Prophet ). "Shall we castrate ourselves?" But the Prophet forbade us to do that and thenceforth he allowed us to marry a woman (temporarily) by giving her even a garment, and then he recited: "O you who believe! Do not make unlawful the good things which Allah has made lawful for you." {{Quran\|5\|87}} }}

	{{Quote\|{{Bukhari\|\|\|5117\|darussalam}}\| Narrated Jabir bin 'Abdullah and Salama bin Al-Akwa':		{{Quote\|{{Bukhari\|\|\|5117\|darussalam}} and {{Bukhari\|\|\|5119\|darussalam}}\| Narrated Jabir bin 'Abdullah and Salama bin Al-Akwa':
	While we were in an army, Allah's Apostle came to us and said, "You have been allowed to do the Mut'a (marriage), so do it." Salama bin Al-Akwa' said: Allah's Apostle's said, "If a man and a woman agree (to marry temporarily), their marriage should last for three nights, and if they like to continue, they can do so; and if they want to separate, they can do so." I do not know whether that was only for us or for all the people in general. Abu Abdullah (Al-Bukhari) said: 'Ali made it clear that the Prophet said, "The Mut'a marriage has been cancelled (made unlawful)."}}		While we were in an army, Allah's Apostle came to us and said, "You have been allowed to do the Mut'a (marriage), so do it." Salama bin Al-Akwa' said: Allah's Apostle's said, "If a man and a woman agree (to marry temporarily), their marriage should last for three nights, and if they like to continue, they can do so; and if they want to separate, they can do so." I do not know whether that was only for us or for all the people in general. Abu Abdullah (Al-Bukhari) said: 'Ali made it clear that the Prophet said, "The Mut'a marriage has been cancelled (made unlawful)."}}

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

2025-11-15T01:14:12Z

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

Show changes

Lightyears: /* Genital mutilation */

2025-06-09T10:35:28Z

Genital mutilation

← Older revision		Revision as of 10:35, 9 June 2025
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	==Genital mutilation==		==Genital mutilation==
	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.		{{Main\|Female Genital Mutilation in Islamic Law}}
	{{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 optional but recommended to varying degrees 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 incidentally assuming women are circumcised ({{Muslim\|3\|684\|}}), prescribing circumcision in general without specifying the gender ({{Bukhari\|7\|72\|777\|}}), and commenting that it should not be done severly ({{Abu Dawud\|41\|5251\|}} this one is graded weak by some hadith scholars, though not by the legal schools who most strongly support FGM). 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>

Lightyears: /* Permissibility of raping captives and slaves */

2025-06-09T10:26:47Z

Permissibility of raping captives and slaves

← Older revision		Revision as of 10:26, 9 June 2025
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	====Permissibility of raping captives and slaves====		====Permissibility of raping captives and slaves====
	Rape, a crime known in [[Islamic law]] as ''zina bil-ikrah'' or ''zina bil-jabr'' (literally "[[Zina\|fornication]] by force"), is generally defined by Muslim jurists as forced intercourse by a man with a [[Islam and Women\|woman]] who is not his wife or [[Slavery\|slave]] and without her consent. As with enslaved females, according to Islamic law, married women are required to oblige their husbands' sexual advances - raping one's wife is permissible.<ref>{{Cite journal\|first=Muh Endriyo \|last=Susila \| year= 2013 \|url=https://journal.umy.ac.id/index.php/jmh/article/download/271/234\| title=Islamic Perspective on Marital Rape \|issue=2\|volume=20\|publisher=Jurnal Media Hukum, p.328}}</ref> The concept of "rape" is thus deemed to be equally non-existent in the contexts of both marriage and slavery.		Rape, a crime known in [[Islamic law]] as ''zina bil-ikrah'' or ''zina bil-jabr'' (literally "[[Zina\|fornication]] by force"), is generally defined by Muslim jurists as forced intercourse by a man with a [[Islam and Women\|woman]] who is not his wife or [[Slavery\|slave]] and without her consent. As with enslaved females, according to Islamic law, married women are required to oblige their husbands' sexual advances, and raping one's wife is explicitly permissible in the Hanafi Madhab.<ref>{{Cite journal\|first=Muh Endriyo \|last=Susila \| year= 2013 \|url=https://journal.umy.ac.id/index.php/jmh/article/download/271/234\| title=Islamic Perspective on Marital Rape \|issue=2\|volume=20\|publisher=Jurnal Media Hukum, p.328}}</ref> The concept of "rape" is thus deemed to be equally non-existent in the contexts of both marriage and slavery.
	A small number of hadiths are cited to support the Islamic punishments for rape. These narrations relate to the rape of free women and of female slaves who are not owned by the perpetrator. However, the Qur'an, on numerous occasions, permits Muslim men to have sexual relations with their own female slaves (famously referred to as "what your right hand possesses"), often in conjunction with the commandment for men to keep otherwise chaste. In addition, there are hadith narrations in which female captives were raped prior to being ransomed back to their tribe.{{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."}}		A small number of hadiths are cited to support the Islamic punishments for rape. These narrations relate to the rape of free women and of female slaves who are not owned by the perpetrator. However, the Qur'an, on numerous occasions, permits Muslim men to have sexual relations with their own female slaves (famously referred to as "what your right hand possesses"), often in conjunction with the commandment for men to keep otherwise chaste. In addition, there are hadith narrations in which female captives were raped prior to being ransomed back to their tribe.{{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."}}

Lightyears at 23:26, 22 May 2025

2025-05-22T23:26:17Z

← Older revision		Revision as of 23:26, 22 May 2025
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	==Genital mutilation==		==Genital mutilation==
	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.		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.		{{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.

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	====Child marriage====		====Child marriage====
	{{Main\|Child Marriage in Islamic Law}}		{{Main\|Child Marriage in Islamic Law}}
	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 the same hadith, if she remains silent when asked, offering no explicit acceptance, this counts as consent ({{Muslim\|8\|3303}}, {{Muslim\|8\|3305}}). As a result, while women have the decision as adults to decide whom they marry, young girls may be married off before they are physically (or, much less, mentally) capable of providing anything in the way of consent. The Quran, in providing guidelines on the procedure for divorce, states what must be done in the case of wife who has not yet reached puberty. Child marriage was practiced by Muhammad himself, who married Aisha at the age of six and copulated with her at the age of nine, while he was in his fifties.{{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''' their 'Iddah (prescribed period) is three months likewise.}}{{Quote\|{{Bukhari\|5\|58\|236}}; see also: {{Bukhari\|7\|62\|64}}\| 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 consumated that marriage when she was nine years old.}}		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 the same hadith, if she remains silent when asked, offering no explicit acceptance, this counts as consent ({{Muslim\|8\|3303}}, {{Muslim\|8\|3305}}). As a result, while women have the decision as adults to decide whom they marry, young girls may be married off before they are physically (or, much less, mentally) capable of providing anything in the way of consent. All schools of Islamic law agreed that a virgin girl could be contracted in marriage before puberty and without consent, with consummation of the marriage permitted once she was old enough to avoid physical harm, not necessarily having reached puberty. The Quran, in providing guidelines on the procedure for divorce, states what must be done in the case of wife who has not yet reached puberty. Child marriage was practiced by Muhammad himself, who married Aisha at the age of six and copulated with her at the age of nine, while he was in his fifties.{{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''' their 'Iddah (prescribed period) is three months likewise.}}{{Quote\|{{Bukhari\|5\|58\|236}}; see also: {{Bukhari\|7\|62\|64}}\| 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 consumated that marriage when she was nine years old.}}

	{{Quote\|{{Muslim\|8\|3311}}\| 'A'isha (Allah be pleased with her) reported that Allah's Apostle (may peace be upon him) married her when she was seven years old, and he was taken to his house as a bride when she was nine, and her dolls were with her; and when he (the Holy Prophet) died she was eighteen years old.}}		{{Quote\|{{Muslim\|8\|3311}}\| 'A'isha (Allah be pleased with her) reported that Allah's Apostle (may peace be upon him) married her when she was seven years old, and he was taken to his house as a bride when she was nine, and her dolls were with her; and when he (the Holy Prophet) died she was eighteen years old.}}
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	Ayatollah Khomeini, the Iranian Shi'ite religious leader, married a ten-year-old girl when he was twenty-eight. Khomeini called marriage to a prepubescent girl "a divine blessing," and advised the faithful: "Do your best to ensure that your daughters do not see their first blood in your house."		Ayatollah Khomeini, the Iranian Shi'ite religious leader, married a ten-year-old girl when he was twenty-eight. Khomeini called marriage to a prepubescent girl "a divine blessing," and advised the faithful: "Do your best to ensure that your daughters do not see their first blood in your house."

	Today, child marriages occur [[Child Marriage in the Muslim World\|all over the world]], but the practice is especially common in Muslim-majority countries, particularly in those 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.		Today, child marriages occur [[Child Marriage in the Muslim World\|all over the world]], but the practice is especially common in Muslim-majority countries, particularly in those that practice Shari'a. Most Muslim-majority countries have now raised the female age of marriage to 16 or 18, often in the face of opposition (though sometimes support) from Islamic scholars. [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.

	====Polygamy (four wives per husband)====		====Polygamy (four wives per husband)====

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Lightyears: /* Prohibition on marrying non-Muslim men */

2023-05-13T01:20:46Z

Prohibition on marrying non-Muslim men

← Older revision		Revision as of 01:20, 13 May 2023
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	====Prohibition on marrying non-Muslim men====		====Prohibition on marrying non-Muslim men====

	Islamic law prohibits Muslim women from marrying ~~non-Muslim men~~. If a Muslim woman converts to Islam, her marriage to a non-Muslim husband is nullified. If a Muslim woman's husband apostatizes, their marriage is also nullified.		Islamic law prohibits Muslim women from marrying disbelievers. If a Muslim woman converts to Islam, her marriage to a non-Muslim husband is nullified. If a Muslim woman's husband apostatizes, their marriage is also nullified.

	This ruling, derived from ~~a verse~~ in the Qur'an, has enjoyed legally-binding scholarly consensus (''ijma'')<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		This ruling, derived from verses in the Qur'an, has enjoyed legally-binding scholarly consensus (''ijma'')<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><ref>[https://www.islamawareness.net/Marriage/fatwa_11.html Verses on Interfaith Marriage: Still Binding? Archive of islamonline.net]</ref><ref>[https://archive.islamonline.net/?p=1187 Why a Muslim Woman Is Not Allowed to Marry a Non-Muslim Man]</ref>,		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><ref>[https://www.islamawareness.net/Marriage/fatwa_11.html Verses on Interfaith Marriage: Still Binding? Archive of islamonline.net]</ref><ref>[https://archive.islamonline.net/?p=1187 Why a Muslim Woman Is Not Allowed to Marry a Non-Muslim Man]</ref>,

	{{Quote\|{{Quran\|2\|221}}\|Wed not idolatresses till they believe; for lo! a believing bondwoman is better than an idolatress though she please you; '''and give not your daughters in marriage to idolaters till they believe''', for lo! a believing slave is better than an idolater though he please you. These invite unto the Fire, and Allah inviteth unto the Garden, and unto forgiveness by His grace, and expoundeth His revelations to mankind that haply they may remember.}}		{{Quote\|{{Quran\|2\|221}}\|Wed not idolatresses till they believe; for lo! a believing bondwoman is better than an idolatress though she please you; '''and give not your daughters in marriage to idolaters till they believe''', for lo! a believing slave is better than an idolater though he please you. These invite unto the Fire, and Allah inviteth unto the Garden, and unto forgiveness by His grace, and expoundeth His revelations to mankind that haply they may remember.}}

	~~{{Quote\|{{Quran\|60\|10}}\|O ye who believe! When believing women come unto you as fugitives, examine them. Allah is Best Aware~~ of ~~their faith. Then, if ye know them for true believers, send them not back unto the disbelievers. They are not lawful for them~~ (the ~~disbelievers~~), ~~nor are they (the disbelievers) lawful for them. And give them (the disbelievers) that which they have spent (upon them). And it is no sin for you to marry such~~ women ~~when ye have given them their dues. And hold not to the ties of~~ disbelieving ~~women; and ask~~ for ~~(the return of) that which ye have spent; and let them (the disbelievers) ask for that which they have spent. That is the judgment of Allah. He judgeth between you. Allah is Knower, Wise~~.}}		In a verse about the treaty of Hudaybiyyah (before the conquest of Mecca), believing women and disbelieving men were declared unlawful for each other.

	Muslim men, by contrast, ~~have~~ fewer restrictions and ~~are~~ permitted to marry Muslim women and people of the Book (this includes Jewish and Christian women).		{{Quote\|{{Quran\|60\|10}}\|O ye who believe! When believing women come unto you as fugitives, examine them. Allah is Best Aware of their faith. '''Then, if ye know them for true believers, send them not back unto the disbelievers. They are not lawful for them (the disbelievers), nor are they (the disbelievers) lawful for them.''' And give them (the disbelievers) that which they have spent (upon them). And it is no sin for you to marry such women when ye have given them their dues. And hold not to the ties of disbelieving women; and ask for (the return of) that which ye have spent; and let them (the disbelievers) ask for that which they have spent. That is the judgment of Allah. He judgeth between you. Allah is Knower, Wise.}}

			After the conquest of Mecca, Muslim men, by contrast, were given fewer restrictions and were permitted to marry Muslim women and people of the Book (this includes Jewish and Christian women).

	{{Quote\|{{Quran\|5\|5}}\|This day are (all) good things made lawful for you. The food of those who have received the Scripture is lawful for you, and your food is lawful for them. '''And so are the virtuous women of the believers and the virtuous women of those who received the Scripture before you (lawful for you) when ye give them their marriage portions''' and live with them in honour, not in fornication, nor taking them as secret concubines. Whoso denieth the faith, his work is vain and he will be among the losers in the Hereafter.}}		{{Quote\|{{Quran\|5\|5}}\|This day are (all) good things made lawful for you. The food of those who have received the Scripture is lawful for you, and your food is lawful for them. '''And so are the virtuous women of the believers and the virtuous women of those who received the Scripture before you (lawful for you) when ye give them their marriage portions''' and live with them in honour, not in fornication, nor taking them as secret concubines. Whoso denieth the faith, his work is vain and he will be among the losers in the Hereafter.}}

	In recent times, some Islamic 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 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 Islamic 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 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>

	====Child marriage====		====Child marriage====
	{{Main\|Child Marriage in Islamic Law}}		{{Main\|Child Marriage in Islamic Law}}

Lightyears at 22:12, 11 May 2023

2023-05-11T22:12:44Z

← Older revision		Revision as of 22:12, 11 May 2023
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	====Permissibility of raping captives and slaves====		====Permissibility of raping captives and slaves====
	Rape, known in [[Islamic law]] as ''zina bil-ikrah'' or ''zina bil-jabr'' (literally "[[Zina\|fornication]] by force"), is generally defined by Muslim jurists as forced intercourse by a man with a [[Islam and Women\|woman]] who is not his wife or [[Slavery\|slave]] and without her consent. As with enslaved females, according to Islamic law, married women are required to oblige their husbands' sexual advances - raping one's wife is permissible.<ref>{{Cite journal\|first=Muh Endriyo \|last=Susila \| year= 2013 \|url=https://journal.umy.ac.id/index.php/jmh/article/download/271/234\| title=Islamic Perspective on Marital Rape \|issue=2\|volume=20\|publisher=Jurnal Media Hukum, p.328}}</ref> The concept of "rape" is thus deemed to be equally non-existent in the contexts of both marriage and slavery.		Rape, a crime known in [[Islamic law]] as ''zina bil-ikrah'' or ''zina bil-jabr'' (literally "[[Zina\|fornication]] by force"), is generally defined by Muslim jurists as forced intercourse by a man with a [[Islam and Women\|woman]] who is not his wife or [[Slavery\|slave]] and without her consent. As with enslaved females, according to Islamic law, married women are required to oblige their husbands' sexual advances - raping one's wife is permissible.<ref>{{Cite journal\|first=Muh Endriyo \|last=Susila \| year= 2013 \|url=https://journal.umy.ac.id/index.php/jmh/article/download/271/234\| title=Islamic Perspective on Marital Rape \|issue=2\|volume=20\|publisher=Jurnal Media Hukum, p.328}}</ref> The concept of "rape" is thus deemed to be equally non-existent in the contexts of both marriage and slavery.
	A small number of hadiths are cited to support the Islamic punishments for rape. These narrations relate to the rape of free women and of female slaves who are not owned by the perpetrator. However, the Qur'an, on numerous occasions, permits Muslim men to have sexual relations with their own female slaves (famously referred to as "what your right hand possesses"), often in conjunction with the commandment for men to keep otherwise chaste. In addition, there are narrations in which female captives were raped prior to being ransomed back to their tribe.{{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."}}		A small number of hadiths are cited to support the Islamic punishments for rape. These narrations relate to the rape of free women and of female slaves who are not owned by the perpetrator. However, the Qur'an, on numerous occasions, permits Muslim men to have sexual relations with their own female slaves (famously referred to as "what your right hand possesses"), often in conjunction with the commandment for men to keep otherwise chaste. In addition, there are hadith narrations in which female captives were raped prior to being ransomed back to their tribe.{{Quote\|1={{Bukhari\|3\|34\|432}}\|2=Narrated Abu Said Al-Khudri: that while he was sitting with Allah's Apostle he said, "O Allah's Apostle! '''We get female captives as our share of booty, and we are interested in their prices, what is your opinion about coitus interruptus'''?" The Prophet said, "Do you really do that? It is better for you not to do it. No soul that which Allah has destined to exist, but will surely come into existence."}}

	====Prohibition on male sexual slavery====		====Prohibition on male sexual slavery====
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	==Attire==		==Attire==
	===Hijab===		===Hijab===
	{{Main\|~~Revelation of the~~ Hijab\|Qur'an, Hadith and Scholars:Hijab}}~~According to~~ Islamic scriptures, Umar bin Al-Khattab, a companion of Muhammad, wished that Muhammad would reveal verses from Allah requiring ~~women~~ to cover ~~and 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. Islamic scholars differ in their interpretation of the verses prescribing female attire. All four madhabs agree by consensus that women must cover their entire body, excluding their hands and face, except for Hanafis, who also permit women to reveal their feet. These clothing requirements only apply in the presence of unrelated men (in addition to some male relations) and during prayers. Hanafis and some other scholars also require women to observe these requirements in the presence non-Muslim women, fearing that these non-Muslim women may describe a Muslim woman's physical features to other men. {{Quote\|{{Quran\|24\|31}}\| And say to the believing women that they should lower their gaze and guard their modesty; that they should not display their beauty and ornaments except what (must ordinarily) appear thereof; that they should draw their veils over their bosoms and not display their beauty except to their husbands, their fathers, their husband's fathers, their sons, their husbands' sons, their brothers or their brothers' sons, or their sisters' sons, or their women, or the slaves whom their right hands possess, or male servants free of physical needs, or small children who have no sense of the shame of sex; and that they should not strike their feet in order to draw attention to their hidden ornaments.}}		{{Main\|Hijab\|Qur'an, Hadith and Scholars:Hijab}}Islamic scriptures set out dress requirements for Muslim women and for Muhammad's wives. Umar bin Al-Khattab, a companion of Muhammad, wished that Muhammad would reveal verses from Allah requiring his wives to cover themselves when in public. 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, 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 verse of hijab was sent down from Allah stating that Muhammad's wives may be spoken to by visitors to their home only behind a screen.

			Other verses set out requirements for believing women in general to wear an outter garment called the ''jilbab'' and a cloth or ''khimar'', covering the bosom. Islamic scholars differ in their interpretation of the verses prescribing female attire. All four madhabs agree by consensus that women must cover their entire body, excluding their hands and face, except for Hanafis, who also permit women to reveal their feet. These clothing requirements only apply in the presence of unrelated men (in addition to some male relations) and during prayers. Hanafis and some other scholars also require women to observe these requirements in the presence non-Muslim women, fearing that these non-Muslim women may describe a Muslim woman's physical features to other men.

			{{Quote\|{{Quran\|33\|53}}\|O you who have believed, do not enter the houses of the Prophet except when you are permitted for a meal, without awaiting its readiness. But when you are invited, then enter; and when you have eaten, disperse without seeking to remain for conversation. Indeed, that [behavior] was troubling the Prophet, and he is shy of [dismissing] you. But Allah is not shy of the truth. And when you ask [his wives] for something, ask them from behind a partition. That is purer for your hearts and their hearts. And it is not [conceivable or lawful] for you to harm the Messenger of Allah or to marry his wives after him, ever. Indeed, that would be in the sight of Allah an enormity.}}

			{{quote \|{{Quran\|33\|59}}\|O Prophet, tell your wives and your daughters and the women of the believers to bring down over themselves [part] of their outer garments. That is more suitable that they will be known and not be abused. And ever is Allah Forgiving and Merciful.}}

			{{Quote\|{{Quran\|24\|31}}\| And say to the believing women that they should lower their gaze and guard their modesty; that they should not display their beauty and ornaments except what (must ordinarily) appear thereof; that they should draw their veils over their bosoms and not display their beauty except to their husbands, their fathers, their husband's fathers, their sons, their husbands' sons, their brothers or their brothers' sons, or their sisters' sons, or their women, or the slaves whom their right hands possess, or male servants free of physical needs, or small children who have no sense of the shame of sex; and that they should not strike their feet in order to draw attention to their hidden ornaments.}}

	==Value of testimony==		==Value of testimony==
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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 in hadiths Muhammad permitted women to live and travel on significant journeys only under the supervision of a male guardian or relative. Islamic law, as a result, virtually excludes the possibility of male-female friendships. Islamic scholars have traditionally taken these specific limitations on women's presence and participation in the public sphere and have implemented them through more comprehensive policies of sex segregation. While some modern Islamic scholars have argued against broader restrictions, such as gender-segregated classrooms or other society-wide gender segregation measures, on the basis of other hadiths and because these broader restrictions are not explicitly mentioned in Islamic scriptures, the majority have embraced what they perceive as common-sense modern-day extensions of the specific rulings and attitudes found throughout Islamic scripture.		{{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 in hadiths Muhammad permitted women to live and travel on significant journeys only under the supervision of a male guardian or relative. Islamic law, as a result, virtually excludes the possibility of male-female friendships. Islamic scholars have traditionally taken these specific limitations on women's presence and participation in the public sphere and have implemented them through more comprehensive policies of sex segregation. While some modern Islamic scholars have argued against broader restrictions, such as gender-segregated classrooms or other society-wide gender segregation measures, on the basis of other hadiths and because these broader restrictions are not explicitly mentioned in Islamic scriptures, the majority have embraced what they perceive as common-sense modern-day extensions of the specific rulings and attitudes found throughout Islamic scripture.
	===Adult suckling permits co-mingling===		===Adult suckling permits co-mingling===
	{{Main\|Adult Suckling}}Adult suckling (Arabic: رَضَاعَةُ الْكَبِيرِ), or the act of breastfeeding a male adult, is mentioned in several relied-upon collections of hadiths. According to five hadiths in Sahih Muslim, Muhammad ~~once~~ plainly instructed the daughter (or wife -- sources are unclear) of a companion named Suhail to suckle a "grown-up" freedman named Salim so that Salim would become the daughter's mahram, or a relation whom the daughter could no longer marry, and thus render Salim's cohabitation with the family appropriate and legal. The practice, sanctioned by a number of traditional jurists, is popularly rejected by Islamic scholars today, but was the subject of a controversial fatwa from a scholar at Azhar in 2007. A minority of Islamic scholars continue to endorse the practice.{{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'''.}}		{{Main\|Adult Suckling}}Adult suckling (Arabic: رَضَاعَةُ الْكَبِيرِ), or the act of breastfeeding a male adult, is an abrogated practice mentioned in several relied-upon collections of hadiths. According to five hadiths in Sahih Muslim, Muhammad at one time plainly instructed the daughter (or wife -- sources are unclear) of a companion named Suhail to suckle a "grown-up" freedman named Salim so that Salim would become the daughter's mahram, or a relation whom the daughter could no longer marry, and thus render Salim's cohabitation with the family appropriate and legal. The practice, sanctioned by a number of traditional jurists, is popularly rejected by Islamic scholars today, but was the subject of a controversial fatwa from a scholar at Azhar in 2007. A minority of Islamic scholars continue to endorse the practice.{{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'''.}}
	==Inheritance==		==Inheritance==
	{{Main\|Inheritance Laws\|Contradictions in the Quran}}		{{Main\|Inheritance Laws\|Contradictions in the Quran}}

Lightyears at 17:35, 28 February 2023

2023-02-28T17:35:34Z

← Older revision		Revision as of 17:35, 28 February 2023
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	{{Quote\|{{Quran\|2\|221}}\|Wed not idolatresses till they believe; for lo! a believing bondwoman is better than an idolatress though she please you; '''and give not your daughters in marriage to idolaters till they believe''', for lo! a believing slave is better than an idolater though he please you. These invite unto the Fire, and Allah inviteth unto the Garden, and unto forgiveness by His grace, and expoundeth His revelations to mankind that haply they may remember.}}		{{Quote\|{{Quran\|2\|221}}\|Wed not idolatresses till they believe; for lo! a believing bondwoman is better than an idolatress though she please you; '''and give not your daughters in marriage to idolaters till they believe''', for lo! a believing slave is better than an idolater though he please you. These invite unto the Fire, and Allah inviteth unto the Garden, and unto forgiveness by His grace, and expoundeth His revelations to mankind that haply they may remember.}}

			{{Quote\|{{Quran\|60\|10}}\|O ye who believe! When believing women come unto you as fugitives, examine them. Allah is Best Aware of their faith. Then, if ye know them for true believers, send them not back unto the disbelievers. They are not lawful for them (the disbelievers), nor are they (the disbelievers) lawful for them. And give them (the disbelievers) that which they have spent (upon them). And it is no sin for you to marry such women when ye have given them their dues. And hold not to the ties of disbelieving women; and ask for (the return of) that which ye have spent; and let them (the disbelievers) ask for that which they have spent. That is the judgment of Allah. He judgeth between you. Allah is Knower, Wise.}}

	Muslim men, by contrast, have fewer restrictions and are permitted to marry Muslim women and people of the Book (this includes Jewish and Christian women).		Muslim men, by contrast, have fewer restrictions and are permitted to marry Muslim women and people of the Book (this includes Jewish and Christian women).