Islam and Women: Difference between revisions

==== The amount of "blood money" (diya) for a murdered women is worth half that of a man====

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