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{{QualityScore|Lead=2|Structure=4|Content=3|Language=4|References=3}}Women are legally disadvantaged by Islamic law in several 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.
{{QualityScore|Lead=2|Structure=4|Content=3|Language=4|References=3}}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.
 
The writings of Professor [[w:Kecia Ali|Kecia Ali]] are renowned regarding the historical and modern Islamic approaches to women. Before her, ''Women and Gender in Islam'' by Leila Ahmed was also regarded as a seminal book on the subject. Ali's book ''Sexual Ethics and Islam'' is particularly wide-ranging.<ref>Kecia Ali,''Sexual Ethics and Islam'', England: Oneworld Publications, 2006</ref> She argues that the Quran is androcentric in terms of almost always addressing men and privileging male sexual agency.<ref>Ibid. pp. 131-132</ref> Ali also notes in her book the "very real dissonance between the cultural assumptions undergirding the classical edifices of jurisprudence and exegesis and the modern notions influencing Muslim intellectuals and ordinary people everwhere".<ref>Ibid. Introduction p. xxvii</ref> Throughout the book she critiques feminist and modernist interpretations while noting where they may have merit, as well as apologetics that misquote, mistranslate, or side step difficult issues. She also criticises some aggressively patriarchal and indeed misogynist interpretations. While warning against blind optimism on the prospects for transformation, she suggests the importance of rejecting medieval interpretations and not taking the Quran and hadiths as a repository of regulations to be applied at all times and places.<ref>Ibid. pp. 153-157</ref>


==Genital mutilation==
==Genital mutilation==
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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.}}


Muslim men, by contrast, have fewer restrictions are permitted to marry Muslim women and people of the Book (this includes Jewish and Christian women).
In a verse about the treaty of Hudaybiyyah (before the conquest of Mecca), believing women and disbelieving men were declared unlawful for each other.
 
{{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}}
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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 [[Contemporary Pedophilic Islamic Marriages|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. [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)====
{{Main|Polygamy in Islam|Dealing Justly with Wives and Orphans}}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 is 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|7|62|157}}| 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), 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 is 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|7|62|157}}| Narrated Al-Miswar bin Makhrama:
I heard Allah's Apostle who was on the pulpit, saying, "Banu Hisham bin Al-Mughira have requested me to allow them to marry their daughter to Ali bin Abu Talib, but I don't give permission, '''and will not give permission unless 'Ali bin Abi Talib divorces my daughter in order to marry their daughter, because Fatima is a part of my body, and I hate what she hates to see, and what hurts her, hurts me."'''}}
I heard Allah's Apostle who was on the pulpit, saying, "Banu Hisham bin Al-Mughira have requested me to allow them to marry their daughter to Ali bin Abu Talib, but I don't give permission, '''and will not give permission unless 'Ali bin Abi Talib divorces my daughter in order to marry their daughter, because Fatima is a part of my body, and I hate what she hates to see, and what hurts her, hurts me."'''}}
====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 woman 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 "}}


===Mahr===
===Mahr===
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Mutah is practiced mainly by Shi'ites today, although at one time Muhammad permitted it for all Muslims. This is one of many areas of disagreement between Sunnis and Shi'ites. Sunnis believe Muhammad abrogated Mutah, while Shi'ites disagree and still practice Mut'ah as allowed by Muhammad.
Mutah is practiced mainly by Shi'ites today, although at one time Muhammad permitted it for all Muslims. This is one of many areas of disagreement between Sunnis and Shi'ites. Sunnis believe Muhammad abrogated Mutah, while Shi'ites disagree and still practice Mut'ah as allowed by Muhammad.
According to Islamic literature, Mutah was first made unlawful by Mohammad on the day of the battle of Khaybar (a battle against a Jewish tribe named Khaybar), after having been practiced since the conception of Islam. It was then made lawful again on the day of Conquest of Makkah for 3 days by Muhammad, at which point his companions complained to him their desire for women. From here onwards, it is disagreed upon between Sunnis and Shias on whether Mutah was made again unlawful by Muhammad or not. Historical records show that the practice of Mutah continued in the early Muslim community by the companions until Umar (the second caliph) forbade it sometime between 13-23 AH. Even at this point, however, a number of Muhammad's prominent companions held the belief that Mutah was never made again unlawful by Muhammad, the most notable being Ibn Abbas.<ref>https://sunnah.com/muslim:1406f
https://sunnah.com/muslim:1406g
https://sunnah.com/muslim:1406f
https://sunnah.com/muslim:1407a
https://sunnah.com/muslim:1406i
<br /></ref>


The Sunni Shafi'i scholar al-Baydawi said of Mutah, "The purpose of the contractual marriage is the mere pleasure of intercourse with a woman, and her own enjoyment in what she has given."<ref>p. 108, ''The Interpretation of the Baydawi''</ref>
The Sunni Shafi'i scholar al-Baydawi said of Mutah, "The purpose of the contractual marriage is the mere pleasure of intercourse with a woman, and her own enjoyment in what she has given."<ref>p. 108, ''The Interpretation of the Baydawi''</ref>
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===Punishment===
===Punishment===
====Wife-beating====
====Wife-beating====
{{Main|Wife Beating in Islamic Law|Wife Beating in the Qur'an|Qur'an, Hadith and Scholars:Wife Beating}}[https://quranx.com/4.34 Quran 4:34] instructs Muslims men to, among other things, beat their wives if they fear disobedience from them. Muslim scholars agree on the permissibility of the practice but disagree on the conditions for and nature of the beating permitted. Some modernist Islamic scholars argue that the term "[[Wife Beating in Islam|and beat them]]" speaks only metaphorically. Some other scholars, including historically, have argued that it means only a simple strike, as with hitting them with a feather or toothpick. The Islamic tradition and scriptures militate against this rereading, which, as a result, has failed to achieve widespread purchase amongst Muslim scholars.
{{Main|Wife Beating in Islamic Law|Wife Beating in the Qur'an|Qur'an, Hadith and Scholars:Wife Beating}}[https://quranx.com/4.34 Quran 4:34] instructs Muslims men to, among other things, beat their wives if they fear disobedience from them. Muslim scholars agree on the permissibility of the practice but disagree on the conditions for and nature of the beating permitted. Some modernist Islamic scholars argue that the term "[[Wife Beating in Islamic Law|and beat them]]" speaks only metaphorically. Some other scholars, including historically, have argued that it means only a simple strike, as with hitting them with a feather or toothpick. The Islamic tradition and scriptures militate against this rereading, which, as a result, has failed to achieve widespread purchase amongst Muslim scholars.
Muhammad made attempts to limit the degree of violence, saying, "None of you should flog his wife as he flogs a slave and then have sexual intercourse with her in the last part of the day"<ref>{{Bukhari|7|62|132}}</ref>, but also declared "A man should not be asked why he beats his wife."<ref>{{Ibn Majah||3|9|1986}} (graded Hasan)</ref> Hadiths report that Muhammad hit Aisha<ref>{{Quote|{{Muslim|4|2127}}|...He (Muhammad b. Qais) then reported that it was 'A'isha who had narrated this: Should I not narrate to you about myself and about the Messenger of Allah (may peace be upon him)? We said: Yes. ... he (the Holy Prophet) entered the (house), and said: Why is it, O 'A'isha, that you are out of breath? I said: There is nothing. He said: Tell me or the Subtle and the Aware would inform me. I said: Messenger of Allah, may my father and mother be ransom for you, and then I told him (the whole story). He said: Was it the darkness (of your shadow) that I saw in front of me? I said: Yes. ''He struck me on the chest which caused me pain'', and then said: Did you think that Allah and His Apostle would deal unjustly with you?}}</ref>, who is herself reported to have said, "I have not seen any woman suffering as much as the believing women. Look! Her skin is greener than her clothes!"<ref>"...''so when Allah's Apostle came, 'Aisha said, "I have not seen any woman suffering as much as the believing women. Look! Her skin is greener than her clothes!"...''" - {{Bukhari|7|72|715}}</ref>{{Quote|{{Quran|4|34}}|Men are overseers over women, by reason of that wherewith Allah hath made one of them excel over another, and by reason of that which they expend of their substance. Wherefore righteous women are obedient, and are watchers in husbands absence by the aid and protection of Allah. And those wives whose refractoriness ye fear, exhort them, and avoid them in beds, and beat them; but if they obey you, seek not a way against them; verily Allah is ever Lofty, Grand.}}One of the earliest and arguably most important biographies on Muhammad's life, that of Ibn Ishaq, records the following:
Muhammad made attempts to limit the degree of violence, saying, "None of you should flog his wife as he flogs a slave and then have sexual intercourse with her in the last part of the day"<ref>{{Bukhari|7|62|132}}</ref>, but also declared "A man should not be asked why he beats his wife."<ref>{{Ibn Majah||3|9|1986}} (graded Hasan)</ref> Hadiths report that Muhammad hit Aisha<ref>{{Quote|{{Muslim|4|2127}}|...He (Muhammad b. Qais) then reported that it was 'A'isha who had narrated this: Should I not narrate to you about myself and about the Messenger of Allah (may peace be upon him)? We said: Yes. ... he (the Holy Prophet) entered the (house), and said: Why is it, O 'A'isha, that you are out of breath? I said: There is nothing. He said: Tell me or the Subtle and the Aware would inform me. I said: Messenger of Allah, may my father and mother be ransom for you, and then I told him (the whole story). He said: Was it the darkness (of your shadow) that I saw in front of me? I said: Yes. ''He struck me on the chest which caused me pain'', and then said: Did you think that Allah and His Apostle would deal unjustly with you?}}</ref>, who is herself reported to have said, "I have not seen any woman suffering as much as the believing women. Look! Her skin is greener than her clothes!"<ref>"...''so when Allah's Apostle came, 'Aisha said, "I have not seen any woman suffering as much as the believing women. Look! Her skin is greener than her clothes!"...''" - {{Bukhari|7|72|715}}</ref>{{Quote|{{Quran|4|34}}|Men are overseers over women, by reason of that wherewith Allah hath made one of them excel over another, and by reason of that which they expend of their substance. Wherefore righteous women are obedient, and are watchers in husbands absence by the aid and protection of Allah. And those wives whose refractoriness ye fear, exhort them, and avoid them in beds, and beat them; but if they obey you, seek not a way against them; verily Allah is ever Lofty, Grand.}}One of the earliest and arguably most important biographies on Muhammad's life, that of Ibn Ishaq, records the following:


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===Rights===
===Rights===
Women are also accorded a number of rights under the ''nikah'' contract. Men are obligated to provide for their wives financially and not to be too harsh to them, although the meaning of this latter requirement is set by the marital and gender norms of 7th century Arabia, where wife-beating was commonplace and acceptable. Women whose husbands fail to fulfill these rights are eligible for requesting divorce.{{Quote|{{Quran|4|19}}|O ye who believe! '''Ye are forbidden to inherit women against their will. Nor should ye treat them with harshness'''…except where they have been guilty of open lewdness; on the contrary '''live with them on a footing of kindness and equity'''. If ye take a dislike to them it may be that ye dislike a thing, and Allah brings about through it a great deal of good.}}
Women are also accorded a number of rights under the ''nikah'' contract. Men are obligated to provide for their wives financially and not to be too harsh to them, although the meaning of this latter requirement is set by the marital and gender norms of 7th century Arabia, where wife-beating was commonplace and acceptable. {{Quote|{{Quran|4|19}}|O ye who believe! '''Ye are forbidden to inherit women against their will. Nor should ye treat them with harshness'''…except where they have been guilty of open lewdness; on the contrary '''live with them on a footing of kindness and equity'''. If ye take a dislike to them it may be that ye dislike a thing, and Allah brings about through it a great deal of good.}}


{{Quote|{{Quran|65|6}}|'''Lodge them where you lodge according to your means, and do not injure them''' in order that you may straiten them…}}
{{Quote|{{Quran|65|6}}|'''Lodge them where you lodge according to your means, and do not injure them''' in order that you may straiten them…}}
Women whose husbands fail to fulfill the right to maintenance may be eligible for requesting divorce, though this differs between schools of jurisprudence:
{{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 ''khula'''. If he refuses, she can try to get a divorce by judicial decree when there are grounds for which his consent is not required (such as inability or failure to fulfil his marital obligations, desertion, insanity, 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).}}
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 fulfil 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.}}
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==Concubinage==
==Concubinage==
===Permissibility of female sexual slavery===
===Permissibility of female sexual slavery===
{{Main|Rape in Islamic Law|Qur'an, Hadith and Scholars:Rape|Qur'an, Hadith and Scholars:Al-'Azl}}
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.{{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.}}
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.{{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.}}


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====Permissibility of raping captives and slaves====
====Permissibility of raping captives and slaves====
{{Main|Rape in Islamic Law|Qur'an, Hadith and Scholars:Rape|Qur'an, Hadith and Scholars:Al-'Azl}}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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==Segregation==
==Segregation==
===Sex Segregation in Islam===
===Sex Segregation in Islam===
{{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). Women are also instructed in the Quran to remain at home as much as possible and are required to live and travel 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 that 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}}
Generally, Islam grants women half the share of inheritance available to men if they inherit from the same father. This forms part of a wider Quranic and cultural context in which men were expected to provide for women and to pay a dower for marriage. However, it is easy to imagine scenarios even in the 7th century where the beneficiaries are at different stages of their lives or marital circumstances such that no rationale would justify the allocation fixed in the Quran.
{{Quote|{{Quran|4|11}}|Allah instructs you concerning your children: for the male, what is equal to the share of two females. But if there are [only] daughters, two or more, for them is two thirds of one's estate. And if there is only one, for her is half. And for one's parents, to each one of them is a sixth of his estate if he left children. But if he had no children and the parents [alone] inherit from him, then for his mother is one third. And if he had brothers [or sisters], for his mother is a sixth, after any bequest he [may have] made or debt. Your parents or your children - you know not which of them are nearest to you in benefit. [These shares are] an obligation [imposed] by Allah. Indeed, Allah is ever Knowing and Wise.}}
{{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.}}


==See also==
==See also==
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[[Category:Women]]
[[Category:Women]]
[[Category:Shariah (Islamic Law)]]
[[Category:Shariah (Islamic Law)]]
[[Category:Pre-Islamic Arabia]]
[[Category:Criticism of Islam]]
[[Category:Apologetics]]
[[Category:Sex]]
[[Category:Slavery]]
[[Category:Human rights]]
[[ar:المرأة_في_الشريعة_الإسلامية]]
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