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Islam and Women: Difference between revisions
Improved accuracy on divorce
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It was narrated that Ma'qil bin Yasar said: "A man came to the Messenger of Allah and said: 'I have found a woman who is from a good family and of good status, but she does not bear children, should I marry her?' He told him not to. Then he came to him a second time and he told him not to (marry her). Then he came to him a third time and he told him not to (marry her), then he said: 'Marry the one who is fertile and loving, for I will boast of your great numbers.'"}} | It was narrated that Ma'qil bin Yasar said: "A man came to the Messenger of Allah and said: 'I have found a woman who is from a good family and of good status, but she does not bear children, should I marry her?' He told him not to. Then he came to him a second time and he told him not to (marry her). Then he came to him a third time and he told him not to (marry her), then he said: 'Marry the one who is fertile and loving, for I will boast of your great numbers.'"}} | ||
{{Quote|{{Abu Dawud|| | {{Quote|{{Abu Dawud||3922|darussalam}}|It was narrated from 'Abdullah bin 'Umar that the Messenger of Allah (ﷺ) said: | ||
"An omen is in a dwelling, a woman or a horse." Abu Dawud said: This tradition was read out to al-Harith b. Miskin and I was witness. It was said to him that Ibn Qasim told him that Malik was asked about evil omen in a horse and in a house. He replied: There are many houses in which people lived and perished and again others lived therein and they also perished. This is its explanation so far as we know. Allah knows best. '''Abu Dawud said: 'Umar (ra) said: A mat in a house better than a woman who does not give birth to a child.'''}} | "An omen is in a dwelling, a woman or a horse." Abu Dawud said: This tradition was read out to al-Harith b. Miskin and I was witness. It was said to him that Ibn Qasim told him that Malik was asked about evil omen in a horse and in a house. He replied: There are many houses in which people lived and perished and again others lived therein and they also perished. This is its explanation so far as we know. Allah knows best. '''Abu Dawud said: 'Umar (ra) said: A mat in a house better than a woman who does not give birth to a child.'''}} | ||
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===Control over movement and taking additional wives=== | ===Control over movement and taking additional wives=== | ||
Under Islam, a husband has a right to take up to four wives and has significant control over his wives. Under the Hanbali | Under Islam, a husband has a right to take up to four wives and has significant control over his wives. Under the Hanbali school alone, women may stipulate conditions in the marriage contract to grant greater freedom of movement or to have the marriage dissolved if her husband takes an additional wife.<ref>John L. Eposito, "Women in Muslim Family Law", Second edition, 2001, p. 22</ref> Such stipulations are unenforcable according to the Hanafi, Shafi'i, and Maliki schools on the basis that they cannot overide his Quranic rights.<ref>Kecia Ali, ''Marriage and Slavery in early Islam'', Harvard University Pross, 2010, p. 74 and ftn. 31 on p. 220</ref> All schools agree though that he may delegate to his wife his powerful, Quranic ''talaq'' (divorce) rights at any time. This is called ''talaq al-tafwid'', and can be conditional such as in the event that he takes another wife (the Shafi'i and Hanbali schools allow him to later revoke this delegation).<ref>Muhammad Ifzal Mehmood (2019) ''[https://www.researchgate.net/publication/338688656_A_Study_of_Talaq_Al-Tafwid_in_Islamic_Law_and_Contemporary_Legislations_Should_Malaysia_Follow_Suit A Study of Talaq Al-Tafwid in Islamic Law and Contemporary Legislations: Should Malaysia Follow Suit?]'', Bahria University</ref> In most cases such a stipulation or delegation will not have been agreed ahead of the marriage, though an increasing number of countries in the Muslim world have made reforms to family law to limit polygamy or provide other legal routes for the first wife to seek divorce. Otherwise the husband's rights are automatic. | ||
{{Quote|John L. Eposito, "Women in Muslim Family Law", 2001, p. 22|One important right granted by the Hanbali (but not Hanafi) law school that gives women a certain amount of independence and status in marriage is her right to insert conditions that are favourable to her directly into the marriage contract. The wife's ability to make conditions, provided that they are not contrary to the object of marriage, can resolve many inequities in areas such as polygamy and divorce. For example, clauses may be added that eliminate the husband's right to take a second wife or that grant the wife greater freedom of movement. These conditions limit the husband's somewhat automatic and extensive legal control over his wife. Because these conditions can be enforced by granting the wife her husband's power of divorce if they are violated, they bestow more equal rights of divorce on the wife.}} | {{Quote|John L. Eposito, "Women in Muslim Family Law", 2001, p. 22|One important right granted by the Hanbali (but not Hanafi) law school that gives women a certain amount of independence and status in marriage is her right to insert conditions that are favourable to her directly into the marriage contract. The wife's ability to make conditions, provided that they are not contrary to the object of marriage, can resolve many inequities in areas such as polygamy and divorce. For example, clauses may be added that eliminate the husband's right to take a second wife or that grant the wife greater freedom of movement. These conditions limit the husband's somewhat automatic and extensive legal control over his wife. Because these conditions can be enforced by granting the wife her husband's power of divorce if they are violated, they bestow more equal rights of divorce on the wife.}} | ||
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===Divorce=== | ===Divorce=== | ||
A wife can ask her husband to divorce her, and if he releases her from the marriage, she makes a payment to him of the ''mahr'' (item or sum of financial worth) she had received or some other agreed payment. This is known as ''khula'''. If he refuses, she can try to get a | Whereas a husband has the Quranic right to divorce his wife by pronouncing ''talaq'', the situation is more difficult for a wife. A wife can ask her husband to divorce her, and if he releases her from the marriage, she makes a payment to him of the ''mahr'' (item or sum of financial worth) she had received or some other agreed payment. This is known as ''khula'''. If he refuses, she can try to get a dissolution (faskh) of the marriage by judicial decree when there are grounds for which his consent is not required (such as inability or failure to fulfill his marital obligations, desertion, insanity, or cruelty). | ||
There is a consensus among classical Islamic scholars that if a woman converts to Islam and her husband fails to, their marriage is nullified.<ref>[https://islamqa.info/en/answers/3408/stories-of-women-who-became-muslim-and-left-their-non-muslim-husbands Stories of Women who Became Muslim and Left their Non-Muslim Husbands - IslamQA.info]</ref><ref name="IndianaLawJournal">Leeman, Alex B. (2009) "Interfaith Marriage in Islam: An Examination of the Legal Theory Behind the Traditional and Reformist Positions," Indiana Law Journal: Vol. 84 : Iss. 2 , Article 9. pp.754-759 Available at: http://ilj.law.indiana.edu/articles/84/84_2_Leeman.pdf and https://www.repository.law.indiana.edu/ilj/vol84/iss2/9</ref> This ruling is derived, in part, from {{Quran|60|10}}. The classical scholars also ruled that if on the other hand a husband converts to Islam, the marriage remains intact so long as his wife is a Christian or Jew. If a Muslim husband or wife leaves Islam, the marriage to his or her Muslim spouse is immediately annulled, though some held that the marriage is unaffected if only the wife leaves the religion, while others said that she becomes the husband's slave.<ref name="IndianaLawJournal2">Leeman, Alex B. (2009) "Interfaith Marriage in Islam: An Examination of the Legal Theory Behind the Traditional and Reformist Positions," Indiana Law Journal: Vol. 84 : Iss. 2 , Article 9. pp.754-759 Available at: http://ilj.law.indiana.edu/articles/84/84_2_Leeman.pdf and https://www.repository.law.indiana.edu/ilj/vol84/iss2/9</ref> | There is a consensus among classical Islamic scholars that if a woman converts to Islam and her husband fails to, their marriage is nullified.<ref>[https://islamqa.info/en/answers/3408/stories-of-women-who-became-muslim-and-left-their-non-muslim-husbands Stories of Women who Became Muslim and Left their Non-Muslim Husbands - IslamQA.info]</ref><ref name="IndianaLawJournal">Leeman, Alex B. (2009) "Interfaith Marriage in Islam: An Examination of the Legal Theory Behind the Traditional and Reformist Positions," Indiana Law Journal: Vol. 84 : Iss. 2 , Article 9. pp.754-759 Available at: http://ilj.law.indiana.edu/articles/84/84_2_Leeman.pdf and https://www.repository.law.indiana.edu/ilj/vol84/iss2/9</ref> This ruling is derived, in part, from {{Quran|60|10}}. The classical scholars also ruled that if on the other hand a husband converts to Islam, the marriage remains intact so long as his wife is a Christian or Jew. If a Muslim husband or wife leaves Islam, the marriage to his or her Muslim spouse is immediately annulled, though some held that the marriage is unaffected if only the wife leaves the religion, while others said that she becomes the husband's slave.<ref name="IndianaLawJournal2">Leeman, Alex B. (2009) "Interfaith Marriage in Islam: An Examination of the Legal Theory Behind the Traditional and Reformist Positions," Indiana Law Journal: Vol. 84 : Iss. 2 , Article 9. pp.754-759 Available at: http://ilj.law.indiana.edu/articles/84/84_2_Leeman.pdf and https://www.repository.law.indiana.edu/ilj/vol84/iss2/9</ref> | ||
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=== "Blood money" (diya) === | === "Blood money" (diya) === | ||
{{Quote|1={{Quran|178-179}}|2=O you who have faith! Retribution is prescribed for you regarding the slain: freeman for freeman, slave for slave, and female for female. But if one is granted any extenuation by his brother, let the follow up [for the blood-money] be honourable, and let the payment to him be with kindness. That is a remission from your Lord and a mercy; and should anyone transgress after that, there shall be a painful punishment for him. There is life for you in retribution, O you who possess intellects! Maybe you will be Godwary!}}{{Quote|{{ | {{Quote|1={{Quran|178-179}}|2=O you who have faith! Retribution is prescribed for you regarding the slain: freeman for freeman, slave for slave, and female for female. But if one is granted any extenuation by his brother, let the follow up [for the blood-money] be honourable, and let the payment to him be with kindness. That is a remission from your Lord and a mercy; and should anyone transgress after that, there shall be a painful punishment for him. There is life for you in retribution, O you who possess intellects! Maybe you will be Godwary!}}{{Quote|{{Muwatta|43||4}}|Yahya related to me from Malik that Ibn Shihab and also Urwa ibn az-Zubayr said the same as Said ibn al-Musayyab said about a woman. Her blood-money from a man is the same up to a third of the blood-money of a man. If what she is owed exceeds a third of the blood-money of the man, she is given up to half of the blood-money of a man. | ||
Malik said, "The explanation of that is that she has blood-money for a head wound that lays bare the bone and one that splinters the bone and for what is less than the brain wound and the belly wound and the like of that of those which obliges a third of the blood-money or more. If the amount owed her exceeds that, her blood- money in that is half of the blood-money of a man."}} | Malik said, "The explanation of that is that she has blood-money for a head wound that lays bare the bone and one that splinters the bone and for what is less than the brain wound and the belly wound and the like of that of those which obliges a third of the blood-money or more. If the amount owed her exceeds that, her blood- money in that is half of the blood-money of a man."}} | ||