Qur'an, Hadith and Scholars:Violence Against Women: Difference between revisions

Men are the maintainers of women because Allah has made some of them to excel others and because they spend out of their property; the good women are therefore obedient, guarding the unseen as Allah has guarded; and (as to) those on whose part you fear desertion, admonish them, and leave them alone in the sleeping-places and beat them; then if they obey you, do not seek a way against them; surely Allah is High, Great.

And remember Our servant Ayyub, when he called upon his Lord: The Shaitan has afflicted me with toil and torment. Urge with your foot; here is a cool washing-place and a drink. And We gave him his family and the like of them with them, as a mercy from Us, and as a reminder to those possessed of understanding. And take in your hand a green branch and beat her with It and do not break your oath; surely We found him patient; most excellent the servant! Surely he was frequent m returning (to Allah).

... 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. She said: When it was my turn for Allah's Messenger (may peace be upon him) to spend the night with me, he turned his side, put on his mantle and took off his shoes and placed them near his feet, and spread the corner of his shawl on his bed and then lay down till he thought that I had gone to sleep. He took hold of his mantle slowly and put on the shoes slowly, and opened the door and went out and then closed it lightly. I covered my head, put on my veil and tightened my waist wrapper, and then went out following his steps till he reached Baqi'. He stood there and he stood for a long time. He then lifted his hands three times, and then returned and I also returned. He hastened his steps and I also hastened my steps. He ran and I too ran. He came (to the house) and I also came (to the house). I, however, preceded him and I entered (the house), and as I lay down in the bed, 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?..."

Jabir b. 'Abdullah (Allah be pleased with them) reported: Abu Bakr (Allah be pleased with him) came and sought permission to see Allah's Messenger (may peace be upon him). He found people sitting at his door and none amongst them had been granted permission, but it was granted to Abu Bakr and he went in. Then came 'Umar and he sought permission and it was granted to him, and he found Allah's Apostle (may peace be upon him) sitting sad and silent with his wives around him. He (Hadrat 'Umar) said: I would say something which would make the Holy Prophet (may peace be upon him) laugh, so he said: Messenger of Allah, I wish you had seen (the treatment meted out to) the daughter ofKhadija when you asked me some money, and I got up and slapped her on her neck. Allah's Messenger (mav peace be upon him) laughed and said: They are around me as you see, asking for extra money. Abu Bakr (Allah be pleased with him) then got up went to 'A'isha (Allah be pleased with her) and slapped her on the neck, and 'Umar stood up before Hafsa and slapped her saying: You ask Allah's Messenger (may peace be upon him) which he does not possess. They said: By Allah, we do not ask Allah's Messenger (may peace be upon him) for anything he does not possess. Then he withdrew from them for a month or for twenty-nine days. Then this verse was revealed to him:" Prophet: Say to thy wives... for a mighty reward" (xxxiii. 28). He then went first to 'A'isha (Allah be pleased with her) and said: I want to propound something to you, 'A'isha, but wish no hasty reply before you consult your parents. She said: Messenger of Allah, what is that? He (the Holy Prophet) recited to her the verse, whereupon she said: Is it about you that I should consult my parents, Messenger of Allah? Nay, I choose Allah, His Messenger, and the Last Abode; but I ask you not to tell any of your wives what I have said He replied: Not one of them will ask me without my informing her. God did not send me to be harsh, or cause harm, but He has sent me to teach and make things easy.

Iyas b. Abdullah reported God's messenger as saying, "Do not beat God's handmaidens;" but when `Umar came to God's messenger and said, "The women have become emboldened towards their husbands," he gave licence to beat them. Then many women went round God's messenger's family complaining of their husbands, and he said, "Many women have gone around complaining of their husbands. Those are not the best among you." Abu Dawud, Ibn Majah, and Darimi transmitted it.

Narrated Aisha:Abu Bakr came to towards me and struck me violently with his fist and said, "You have detained the people because of your necklace." But I remained motionless as if I was dead lest I should awake Allah's Apostle although that hit was very painful.

Narrated Aisha: A necklace of mine was lost at Al-Baida' and we were on our way to Medina. The Prophet made his camel kneel down and dismounted and laid his head on my lap and slept. Abu Bakr came to me and hit me violently on the chest and said, "You have detained the people because of a necklace." I kept as motionless as a dead person because of the position of Allah's Apostle ; (on my lap) although Abu Bakr had hurt me (with the slap). Then the Prophet woke up and it was the time for the morning (prayer). Water was sought, but in vain; so the following Verse was revealed:-- "O you who believe! When you intend to offer prayer.." (5.6) Usaid bin Hudair said, "Allah has blessed the people for your sake, O the family of Abu Bakr. You are but a blessing for them."

Narrated 'Aisha: (the wife of the Prophet) We set out with Allahs Apostle on one of his journeys till we reached Al-Baida' or Dhatul-Jaish, a necklace of mine was broken (and lost). Allah's Apostle stayed there to search for it, and so did the people along with him. There was no water at that place, so the people went to Abu- Bakr As-Siddiq and said, "Don't you see what 'Aisha has done? She has made Allah's Apostle and the people stay where there is no water and they have no water with them." Abu Bakr came while Allah's Apostle was sleeping with his head on my thigh, He said, to me: "You have detained Allah's Apostle and the people where there is no water and they have no water with them.

So he admonished me and said what Allah wished him to say and hit me on my flank with his hand. Nothing prevented me from moving (because of pain) but the position of Allah's Apostle on my thigh. Allah's Apostle got up when dawn broke and there was no water. So Allah revealed the Divine Verses of Tayammum. So they all performed Tayammum. Usaid bin Hudair said, "O the family of Abu Bakr! This is not the first blessing of yours." Then the camel on which I was riding was caused to move from its place and the necklace was found beneath it.

Yahya related to me from Malik that Abdullah ibn Dinar said, "A man came to Abdullah ibn Umar when I waswith him at the place where judgments were given and asked him about the suckling of an older person. Abdullah ibn Umar replied, 'A man came to Umar ibn al-Khattab and said, 'I have a slave-girl and I used to have intercourse with her. My wife went to her and suckled her. When I went to the girl, my wife told me to watch out, because she had suckled her!' Umar told him to beat his wife and to go to his slave-girl because kinship by suckling was only by the suckling of the young.' "

As for Ali he said “Women are plentiful, and you can easily change one for another. Ask the slave girl; she will tell you the truth.” So the Apostle called Burayra to ask her and Ali got up and gave her a violent beating, saying, ‘Tell the Apostle the truth.’”

Narrated Umar ibn al-Khattab: The Prophet (peace be upon him) said: A man will not be asked as to why he beat his wife.

Sulayman Ibn `Amr Ibn al-`Ahwas narrated: "Ubai told me that he witnessed the address of departure of the prophet. He thanked God and praised him, and started preaching, saying, "I command you good-will for your wives, for they are captives to you that do not own anything, unless they commit a manifest obscenity [or adultery]. If they do [commit it], then God has given you permission to leave them alone in their beds and give them a bearable beating."^[1]

Narrated Abdullah ibn AbuDhubab: Iyas ibn Abdullah ibn AbuDhubab reported the Apostle of Allah (peace be upon him) as saying: Do not beat Allah's handmaidens, but when Umar came to the Apostle of Allah (peace be upon him) and said: Women have become emboldened towards their husbands, he (the Prophet) gave permission to beat them. Then many women came round the family of the Apostle of Allah (peace be upon him) complaining against their husbands. So the Apostle of Allah (peace be upon him) said: Many women have gone round Muhammad's family complaining against their husbands. They are not the best among you.

Allah permits you to shut them in separate rooms and to beat them, but not severely. If they abstain, they have the right to food and clothing. Treat women well for they are like domestic animals and they possess nothing themselves. Allah has made the enjoyment of their bodies lawful in his Qur’an.

Narrated 'Abdullah bin Zam'a: The Prophet said, "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."

Narrated 'Ikrima: Rifa'a divorced his wife whereupon 'AbdurRahman bin Az-Zubair Al-Qurazi married her. 'Aisha said that the lady (came), wearing a green veil (and complained to her (Aisha) of her husband and showed her a green spot on her skin caused by beating). It was the habit of ladies to support each other, 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!" When 'AbdurRahman heard that his wife had gone to the Prophet, he came with his two sons from another wife. She said, "By Allah! I have done no wrong to him but he is impotent and is as useless to me as this," holding and showing the fringe of her garment, 'Abdur-Rahman said, "By Allah, O Allah's Apostle! She has told a lie! I am very strong and can satisfy her but she is disobedient and wants to go back to Rifa'a." Allah's Apostle said, to her, "If that is your intention, then know that it is unlawful for you to remarry Rifa'a unless Abdur-Rahman has had sexual intercourse with you." Then the Prophet saw two boys with 'Abdur-Rahman and asked (him), "Are these your sons?" On that 'AbdurRahman said, "Yes." The Prophet said, "You claim what you claim (i.e.. that he is impotent)? But by Allah, these boys resemble him as a crow resembles a crow,"

Narrated 'Abdullah bin Zam'a: The Prophet forbade laughing at a person who passes wind, and said, "How does anyone of you beat his wife as he beats the stallion camel and then he may embrace (sleep with) her?" And Hisham said, "As he beats his slave"

Iyas b. Abdullah reported God's messenger as saying, "Do not beat God's handmaidens;" but when `Umar came to God's messenger and said, "The women have become emboldened towards their husbands," he gave licence to beat them. Then many women went round God's messenger's family complaining of their husbands, and he said, "Many women have gone around complaining of their husbands. Those are not the best among you." Abu Dawud, Ibn Majah, and Darimi transmitted it.

Narrated Abdullah ibn AbuDhubab: Iyas ibn Abdullah ibn AbuDhubab reported the Apostle of Allah (peace be upon_him) as saying: Do not beat Allah's handmaidens, but when Umar came to the Apostle of Allah (peace be upon him) and said: Women have become emboldened towards their husbands, he (the Prophet) gave permission to beat them. Then many women came round the family of the Apostle of Allah (peace be upon him) complaining against their husbands. So the Apostle of Allah (peace be upon him) said: Many women have gone round Muhammad's family complaining against their husbands. They are not the best among you.

And remember Our servant Ayyub, when he invoked his Lord (saying): "Verily, Shaytan has afflicted me with distress and torment!" (Allah said to him): "Strike the ground with your foot. This is (a spring of) water to wash in, cool and a drink." And We gave him (back) his family, and along with them the like thereof, as a mercy from Us, and a reminder for those who understand. "And take in your hand a bundle of thin grass and strike therewith (your wife), and break not your oath." Truly, We found him patient. How excellent a servant! Verily, he was ever oft-returning in repentance (to Us)!

Ayyub, peace be upon him, got angry with his wife and was upset about something she had done, so he swore an oath that if Allah healed him, he would strike her with one hundred blows. When Allah healed him, how could her service, mercy, compassion and kindness be repaid with a beating So Allah showed him a way out, which was to take a bundle of thin grass, with one hundred stems, and hit her with it once. Thus he fulfilled his oath and avoided breaking his vow.

One of the husband's rights is to discipline his wife if she is disobedient. What does the word 'disobedience' mean? Disobedience is to leave the house without the husband's permission, to refuse to obey the husband in bed, to speak to the husband impolitely, or to do the opposite of what he likes. All these are forms of disobedience...

Okay, he's tried admonishing, he's tried banishment - but nothing. Her emotions are numb, and she says: Good riddance. So what is the next measure? "...and beat them." Beating. The Prophet Muhammad said that the beatings should be light, and that one should avoid the face, or the sensitive areas, which might lead to broken bones, or might leave a mark that would spoil her beauty, whether on her face or anywhere on her body. Beatings that draw blood, or break bones, or leave a scar, a black mark on the skin, or any obvious mark, which would make people know that she was harshly beaten - this is forbidden.

How should the beatings go? Maybe a light slap on her shoulder, or maybe a not-so-light pinch, or a kind of gentle shove. He should make her feel that he wants to reform her, and let her know that he is displeased with her. It is like saying: None of the measures that work with sensitive people work with you. A word would be enough for any wife with lofty morals, but with you, words do not help.

Then he attempts a new direction, appealing to her femininity and emotions, by making her feel that he doesn't want her or love her. When this doesn't work, he says to her: With you, I have reached a stage which is only appropriate for inhumane people - the stage of beating.

Beating is one of the punishments of religious law. What kind of people are beaten? Virgin adulterers, both men and women, are beaten as a means of discipline. Who else is beaten? A person who committed an offense and was sentenced by the judge to beatings. Who else is beaten? Someone who committed a crime. By beating his wife, the husband is saying: You've committed a grave sin that merits beatings."^[2]

Allaah has enjoined woman to be obedient to her husband, and has made men qawwaamoon (protectors and maintainers) of women. They are supposed to direct and look after women as a leader directs and looks after his people, because of the physical and mental characteristics with which Allaah has distinguished them, as well as the financial duties that He has enjoined upon them...

If the wife goes against his wishes and refuses to obey him, the husband has to take a gradual approach in handling the matter. First he should admonish her and remind her of the punishment for disobeying his command. If that does not succeed, then he moves on to forsaking her in bed. If that does not work, then he may hit her, but in a manner that is not severe, and there is nothing wrong with also threatening her with divorce...

Discipline. The husband has the right to discipline his wife if she disobeys him in something good, not if she disobeys him in something sinful, because Allaah has enjoined disciplining women by forsaking them in bed and by hitting them, when they do not obey. The Hanafis mentioned four situations in which a husband is permitted to discipline his wife by hitting her. These are: not adorning herself when he wants her to; not responding when he calls her to bed and she is taahirah (pure, i.e., not menstruating); not praying; and going out of the house without his permission.

If a person gives SR 1,200 [$320] to his wife and she spends 900 riyals [$240] to purchase an abaya [the black cover that women in Saudi Arabia must wear] from a brand shop and if her husband slaps her on the face as a reaction to her action, she deserves that punishment.^[3]

m10.12 When a husband notices signs of rebelliousness in his wife (nushuz), whether in words, as when she answers him coldly when she used to do so politely, or he asks her to come to bed and she refuses, contrary to her usual habit; or whether in acts, as when he finds her averse to him when she was previously kind and cheerful), he warns her in words (without keeping from her or hitting her, for it may be that she has an excuse. The warning could be to tell her, "fear Allah concerning the rights you owe to me," or it could be to explain that rebelliousness nullifies his obligation to support her and give her a turn amongst other wives, or it could be to inform her, "Your obeying me is religiously obligatory"). If she commits rebelliousness, he keeps from sleeping (and having sex) with her without words, and may hit her, but not in a way that injures her, meaning he may not (bruise her), break bones, wound her, or cause blood to flow. (It is unlawful to strike another’s face.) He may hit her whether she is rebellious only once or whether more than once, though a weaker opinion holds that he may hot hit her unless there is repeated rebelliousness."

If the wife does not fulfill one of the above-mentioned obligations, she is termed "rebellious" (nashiz), and the husband takes the following steps to correct matters:

(a) admonition and advice, by explaining the unlawfulness of rebellion, its harmful effect on married life, and by listening to her viewpoint on the matter;

(b) if admonition is ineffectual, he keeps from her by not sleeping in bed with her, by which both learn the degree to which they need each other;

(c) if keeping from her is ineffectual, it is permissible for him to hit her if he believes that hitting her will bring her back to the right path, though if he does not think so, it is not permissible. His hitting her may not be in a way that injures her, and is his last recourse to save the family.

(d) if the disagreement does not end after all this, each partner chooses an arbitrator to solve the dispute by settlement, or divorce.

We must know that [wife] beating is a punishment in Islamic religious law,....No one should deny this because this was permitted by the Creator of Man, and because when you purchase an electric appliance or a car you get instructions – a catalogue, explaining how to use it. The Creator of Man has sent down this book [the Quran] in order to show man which ways he must choose...We shouldn't be ashamed before the nations of the world who are still in their days of ignorance, to admit that these [beatings] are part of our religious law,....We must remind the ignorant from among the Islamic Nation who followed the [West] that those [Westerners] acknowledge the wondrous nature of this verse...Allah has created woman, whether Muslim or infidel, so she is happy under a strong man who will protect her and lives with her...[The Koran says:] 'and beat them.' This verse is of a wondrous nature. There are three types of women with whom a man cannot live unless he carries a rod on his shoulder. The first type is a girl who was brought up this way. Her parents ask her to go to school and she doesn't – they beat her. 'Eat' – 'I don't want to' – they beat her. So she became accustomed to beatings; she was brought up that way. We pray Allah will help her husband later. He will only get along with her if he practices wife beating. The second type is a woman who is condescending toward her husband and ignores him. With her, too, only a rod will help. The third type is a twisted woman who will not obey her husband unless he oppresses her, beats her, uses force against her, and overpowers her with his voice.^[4]

With regard to wife beating... In a nutshell, it appeared as part of a program to reform the wife. [According to the Koran], first 'admonish them,' [then] 'sleep in separate beds, and beat them.'...This method appeared as part of the treatment of a rebellious wife. I am faced with two options – either the family will be destroyed by divorce, or I can use means that may bring my wife, the mother of my children, back to her senses. The first means is admonishment...The second means of treatment is 'sleeping in separate beds.' Why? Because this targets the honor... A lot could be said about this. The strength of a woman lies in her ability to seduce the man. The man is strong and can do whatever he wants, but the woman has a weapon of her own. This weapon can be targeted. Many women will come back to their senses, when they realize that this is what's involved...By Allah, even if only one woman out of a million can be reformed by light beatings... It's not really beating, it's more like punching... It's like shoving or poking her. That's what it is.^[5]

Sa’d Arafat: Allah honored wives by instating the punishment of beatings.

Interviewer: Honored them with beatings? How is this possible?!

Sa’d Arafat: The prophet Muhammad said: “Don’t beat her in the face, and do not make her ugly.” See how she is honored. If the husband beats his wife, he must not beat her in the face. Even when he beats her, he must not curse her. This is incredible! He beats her in order to discipline her.

In addition, there must not be more than ten beatings, and he must not break her bones, injure her, break her teeth, or poke her in the eye. There is a beating etiquette. If he beats to discipline her, he must not raise his hand high. He must beat her from chest level. All these things honor the woman.

She is in need of discipline. How should the husband discipline her? Through admonishment. If she is not deterred, he should refuse to share the bed with her. If she is not repentant, he should beat her, but there are rules to the beating. It is forbidden to beat her in the face or make her ugly. When you beat her, you must not curse her. Islam forbids this.

Interviewer: With what should be beat her? With his bare hand? With a rod?

Sa’d Arafat: If he beats her, the beatings should not be hard, so that they do not leave a mark. He can beat her with a short rod. He must avoid beating her in the face or in places in the head where it hurts. The beatings should be on the body and should not come one right after the other. These are all choices made during the process, but beatings are allowed only as a last resort.

The honoring of the wife in Islam is also evident in the fact that the punishment of beating is permissible in one case only: when she refuses to sleep with him.

Interviewer: When she refuses to sleep with him?

Sa’d Arafat: Yes, because where else could the husband go? He wants her, but she refuses. He should begin with admonishment and threats…

Interviewer: Allow me to repeat this. A man cannot beat his wife...over food or drink. Beatings are permitted only in this case, which the husband cannot do without.^[6]

A woman has the right to protest if her husband looks at her in a grim way. Allah says if a woman disobeys her husband he has the right to beat her, but the lashes should be according to the Sharia. It has conditions. (With the bill against domestic violence) the Kurdish Parliament has rejected Quranic law. (…) The parliament has also decreed that children should never be beaten for any reason. Even if the father comes home and the girl has a mobile phone in her hand that is not an excuse for beating her.

Of course she is a girl and will be encouraged in this bad world of today, she will have her mobile in front of her father flirting with boys and exchanging love phrases.. The father must sit cross handed in front of her, he must either kill himself if he has the least bit of honour left – saying that if he doesn’t do that he will lose his afterlife (…)- or he must assault his daughter who already has the numbers of the police stored on her mobile, calls this organization or that and complains that her father abuses her. The man will be put in jail for 6 months, and if the girl is not satisfied she can let him stay for 3 years and rot in jail. They will fine him 5 million ID. Is this the struggle for Kurdistan we are doing here? Is this the religion we have left? The situation is very dangerous but no one will follow you to the battlefield. The people don’t have guts. If the people do have courage I will be the first to block Barzani’s path. (….)

Three hundred members of my tribe were killed in the village of Susse. Is this what we got killed for? So that you sign these papers that deprive our families and women of honour inside our houses? If you don’t agree and say that you can’t stop the legal process, then let us confront and lead us to oppose (the parliament). We will go to the parliament and confront its president. You are the KRG, you should tell the parliament not to do this. That this is unacceptable, this is the red line. How would I allow the honour of my people to be taken away? How should I allow that girls shouldn’t be beaten at home? That a boy shouldn’t be beaten? Is it not true that the prophet – peace be upon – him says “if a child doesn’t pray when reaching 10 years, you should beat him/her.” You have thus cancelled the sayings of the prophet!^[7]

If any of your women are guilty of lewdness, Take the evidence of four (Reliable) witnesses from amongst you against them; and if they testify, confine them to houses until death do claim them, or Allah ordain for them some (other) way.

Abu al- Malih ibn `Usama's father relates that the Prophet said: "Circumcision is a law for men and a preservation of honour for women."

Firstly:

Circumcision is not an inherited custom as some people claim, rather it is prescribed in Islam and the scholars are unanimously agreed that it is prescribed. Not a single Muslim scholar – as far as we know – has said that circumcision is not prescribed.

Their evidence is to be found in the saheeh ahaadeeth of the Prophet (peace and blessings of Allaah be upon him), which prove that it is prescribed, for example:

1-

The hadeeth narrated by al-Bukhaari (5889) and Muslim (257) from Abu Hurayrah (may Allaah be pleased with him), that the Prophet (peace and blessings of Allaah be upon him) said: "The fitrah is five things – or five things are part of the fitrah – circumcision, shaving the pubes, cutting the nails, plucking the armpit hairs, and trimming the moustache."

This hadeeth includes circumcision of both males and females.

2-

Muslim (349) narrated that ‘Aa’ishah (may Allaah be pleased with her) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “When a man sits between the four parts (arms and legs of his wife) and the two circumcised parts meet, then ghusl is obligatory.”

The Prophet (peace and blessings of Allaah be upon him) mentioned the two circumcised parts, i.e., the circumcised part of the husband and the circumcised part of the wife, which indicates that a woman may be circumcised just like a man.

3-

Abu Dawood (5271) narrated from Umm ‘Atiyyah al-Ansaariyyah that a woman used to do circumcisions in Madeenah and the Prophet (peace and blessings of Allaah be upon him) said to her: “Do not go to the extreme in cutting; that is better for the woman and more liked by the husband.” But the scholars differed concerning this hadeeth. Some of them classed it as da’eef (weak) and others classed it as saheeh. It was classed as saheeh by al-Albaani in Saheeh Abi Dawood. The fact that circumcision for women is prescribed in Islam is confirmed by the ahaadeeth quoted above, not by this disputed hadeeth. But the scholars differed concerning the ruling, and there are three opinions:

1 – That it is obligatory for both males and females. This is the view of the Shaafa’is and Hanbalis, and is the view favoured by al-Qaadi Abu Bakr ibn al-‘Arabi among the Maalikis (may Allaah have mercy on them all).

Al-Nawawi (may Allaah have mercy on him) said in al-Majmoo’ (1/367): Circumcision is obligatory for both men and women in our view. This is the view of many of the salaf, as was narrated by al-Khattaabi. Among those who regarded it as obligatory is Ahmad… it is the correct view that is well known and was stated by al-Shaafa’i (may Allaah have mercy on him), and the majority stated definitively that it is obligatory for both men and women. end quote.

See Fath al-Baari, 10/340; Kishshaaf al-Qinaa’, 1/80

2 – That circumcision is Sunnah for both males and females. This is the view of the Hanafis and Maalikis, and was narrated in one report from Ahmad. Ibn ‘Aabideen al-Hanafi (may Allaah have mercy on him) said in his Haashiyah (6/751): In Kitaab al-Tahaarah of al-Siraaj al-Wahhaaj it says: Know that circumcision is Sunnah in our view – i.e., according to the Hanafis – for men and for women. end quote.

See: Mawaahib al-Jaleel, 3/259

3 – That circumcision is obligatory for men and is good and mustahabb for women. This is the third view of Imam Ahmad, and it is the view of some Maalikis such as Sahnoon. This view was also favoured by al-Muwaffaq ibn Qudaamah in al-Mughni.

See: al-Tamheed, 21/60; al-Mughni, 1/63

It says in Fataawa al-Lajnah al-Daa’imah (5/223):

Circumcision is one of the Sunnahs of the fitrah, and it is for both males and females, except that is it obligatory for males and Sunnah and good in the case of women. End quote

Thus it is clear that the fuqaha’ of Islam are agreed that circumcision is prescribed for both males and females, and in fact the majority of them are of the view that it is obligatory for both. No one said that it is not prescribed or that it is makrooh or haraam.

Secondly:

With regard to the criticism of circumcision by some doctors, and their claim that it is harmful both physically and psychologically,

This criticism of theirs is not valid. It is sufficient for us Muslims that something be proven to be from the Prophet (peace and blessings of Allaah be upon him), then we will follow it, and we are certain that it is beneficial and not harmful. If it were harmful, Allaah and His Messenger (peace and blessings of Allaah be upon him) would not have prescribed it for us.

In the answer to question no. 45528 we have mentioned some of the medical benefits of circumcision for women, quoting from some doctors.

Thirdly:

We would add here the fatwas of some modern scholars who have responded to this war that has been launched against female circumcision on the grounds that it is harmful to health.

Shaykh Jaad al-Haqq ‘Ali Jaad al-Haqq, the former Shaykh of al-Azhar, said:

Hence the fuqaha’ of all madhhabs are agreed that circumcision for both men and woman is part of the fitrah of Islam and one of the symbols of the faith, and it is something praiseworthy. There is no report from any of the Muslim fuqaha’, according to what we have studied in their books that are available to us, to say that circumcision is forbidden for men or women, or that it is not permissible, or that it is harmful for females, if it is done in the manner that the Prophet (peace and blessings of Allaah be upon him) taught to Umm Habeebah in the report quoted above.

Then he said:

From the above it is clear that the circumcision of girls – which is the topic under discussion here – is part of the fitrah of Islam, and the way it is to be done is the method that the Messenger of Allaah (peace and blessings of Allaah be upon him) explained. It is not right to abandon his teachings for the view of anyone else, even if that is a doctor, because medicine is knowledge and knowledge is always developing and changing. End quote.

In the fatwa of Shaykh ‘Atiyah Saqar – the former heard of the Fatwa Committee in al-Azhar – it says:

The calls which urge the banning of female circumcision are call that go against Islam, because there is no clear text in the Qur’aan or Sunnah and there is no opinion of the fuqaha’ that says that female circumcision is haraam. Female circumcision is either obligatory or recommended. Even though there is a fiqhi principle which says that the decree of a ruler may put an end to a dispute regarding controversial matters, the decree of the ruler in this case cannot be but either of two things: that it is either obligatory or recommended, and it is not correct to issue a decree banning it, so as not to go against sharee’ah which is the principal source of legislation in our land, whose constitution states that Islam is the official religion of the country. It is permissible to issue some legislation that provides guidelines for performing this procedure (female circumcision) in the proper manner in such a way that does not contradict the rulings of sharee’ah.

The words of the doctors and others are not definitive. Scientific discoveries are still opening doors every day which change our old perceptions. End quote.

In the fatwa of Dar al-Ifta’ al-Misriyyah (6/1986) it says:

Thus it is clear that female circumcision is prescribed in Islam, and that it is one of the Sunnahs of the fitrah and it has a good effect of moderating the individual’s behaviour. As for the opinions of doctors who say that female circumcision is harmful, these are individual opinions which are not derived from any agreed scientific basis, and they do not form an established scientific opinion. They acknowledge that the rates of cancer among circumcised men are lower than among those who are not circumcised, and some of these doctors clearly recommend that circumcision should be done by doctors and not these ignorant women, so that the operation will be safe and there will be no negative consequences. However, medical theories about disease and the way to treat it are not fixed, rather they change with time and with ongoing research. So it is not correct to rely on them when criticizing circumcision which the Wise and All-Knowing Lawgiver has decreed in His wisdom for mankind. Experience has taught us that the wisdom behind some rulings and Sunnahs may be hidden from us. May Allaah help us all to follow the right path. End quote.

Narrated As-Sab bin Jaththama: The Prophet passed by me at a place called Al-Abwa or Waddan, and was asked whether it was permissible to attack the pagan warriors at night with the probability of exposing their women and children to danger. The Prophet replied, "They (i.e. women and children) are from them (i.e. pagans)." I also heard the Prophet saying, "The institution of Hima is invalid except for Allah and His Apostle."

It is narrated by Sa'b b. Jaththama that he said (to the Holy Prophet): Messenger of Allah, we kill the children of the polytheists during the night raids. He said: They are from them.

Sa'b b. Jaththama has narrated that the Prophet (may peace be upon him) asked: What about the children of polytheists killed by the cavalry during the night raid? He said: They are from them.

...[O]ne must go on jihad (i.e. razzias or raids) at least once a year ... one may use a catapult against them when they are in a fortress, even if among them are women and children. One may set fire to them and/or drown them. ... If a person of the ahl al-kitab [i.e. People of the Book] is enslaved, his marriage is revoked. ... One may cut down their trees. ... One must destroy their useless books. Jihadists may take as booty whatever they decide ... they may steal as much food as they need...^[8]

"Not so the worshippers, who are steadfast in prayer, who set aside a due portion of their wealth for the beggar and for the deprived, who truly believe in the Day of Reckoning and dread the punishment of their Lord (for none is secure from the punishment of their Lord); who restrain their carnal desire (save with their wives and their slave girls, for these are lawful to them: he that lusts after other than these is a transgressor..."

"And who guard their modesty - Save from their wives or the (slaves) that their right hands possess, for then they are not blameworthy, "

Prohibited to you (For marriage) are:- Your mothers, daughters, sisters; father's sisters, Mother's sisters; brother's daughters, sister's daughters; foster-mothers (Who gave you suck), foster-sisters; your wives' mothers; your step-daughters under your guardianship, born of your wives to whom ye have gone in,- no prohibition if ye have not gone in;- (Those who have been) wives of your sons proceeding from your loins; and two sisters in wedlock at one and the same time, except for what is past; for Allah is Oft-forgiving, Most Merciful;- And all married women (are forbidden unto you) save those (captives) whom your right hands possess. It is a decree of Allah for you. Lawful unto you are all beyond those mentioned, so that ye seek them with your wealth in honest wedlock, not debauchery. And those of whom ye seek content (by marrying them), give unto them their portions as a duty. And there is no sin for you in what ye do by mutual agreement after the duty (hath been done). Lo! Allah is ever Knower, Wise.

O Prophet! We have made lawful to thee thy wives to whom thou hast paid their dowers; and those whom thy right hand possesses out of the prisoners of war whom Allah has assigned to thee; and daughters of thy paternal uncles and aunts, and daughters of thy maternal uncles and aunts, who migrated (from Makka) with thee; and any believing woman who dedicates her soul to the Prophet if the Prophet wishes to wed her;- this only for thee, and not for the Believers (at large); We know what We have appointed for them as to their wives and the captives whom their right hands possess;- in order that there should be no difficulty for thee. And Allah is Oft-Forgiving, Most Merciful.

Who is Subject to Retaliation for Injurious Crimes

o1.1 - Retaliation

Retaliation is obligatory (A: if the person entitled wishes to take it (dis: o3.8)) against anyone who kills a human being purely intentionally and without right. (O: Intentionally is a first restriction and excludes killing someone through an honest mistake, while purely excludes a mistake made in a deliberate injury (def: o2.3), and without right excludes cases of justifiable homicide such as lawful retaliation.)

o1.2 The following are not subject to retaliation:

-1- a child or insane person, under any circumstances

-2- a Muslim for killing a non-Muslim;

-3- a Jewish or Christian subject of the Islamic state for killing an apostate from Islam (O: because a subject of the state is under its protection, while killing an apostate from Islam is without consequences);

-4- A father or mother (or their fathers of mothers) for killing their offspring, or offspring's offspring;

If any of your women are guilty of lewdness, Take the evidence of four (Reliable) witnesses from amongst you against them; and if they testify, confine them to houses until death do claim them, or Allah ordain for them some (other) way.

If two men among you are guilty of lewdness, punish them both. If they repent and amend, Leave them alone; for Allah is Oft-returning, Most Merciful.

Narrated Abu Huraira and Zaid bin Khalid: Two men had a dispute in the presence of Allah's Apostle. One of them said, "O Allah's Apostle! Judge between us according to Allah's Laws." The other who was wiser, said, "Yes, O Allah's Apostle! Judge between us according to Allah's Laws and allow me to speak. The Prophet said, "Speak." He said, "My son was a laborer serving this (person) and he committed illegal sexual intercourse with his wife, The people said that my son is to be stoned to death, but I ransomed him with one-hundred sheep and a slave girl. Then I asked the learned people, who informed me that my son should receive one hundred lashes and will be exiled for one year, and stoning will be the lot for the man's wife." Allah's Apostle said, "Indeed, by Him in Whose Hand my soul is, I will judge between you according to Allah's Laws: As for your sheep and slave girl, they are to be returned to you." Then he scourged his son one hundred lashes and exiled him for one year. Then Unais Al-Aslami was ordered to go to the wife of the second man, and if she confessed (the crime), then stone her to death. She did confess, so he stoned her to death.

Narrated Abu Huraira and Said bin Khalid: The verdict of Allah's Apostle was sought about an unmarried slave girl guilty of illegal intercourse. He replied, "If she commits illegal sexual intercourse, then flog her (fifty stripes), and if she commits illegal sexual intercourse (after that for the second time), then flog her (fifty stripes), and if she commits illegal sexual intercourse (for the third time), then flog her (fifty stripes) and sell her for even a hair rope." Ibn Shihab said, "I am not sure whether the Prophet ordered that she be sold after the third or fourth time of committing illegal intercourse."