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Qur'an, Hadith and Scholars:Honor Killing: Difference between revisions
Qur'an, Hadith and Scholars:Honor Killing (view source)
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Honour killing has been condemned in a recent fatwa<ref>[https://islamqa.info/en/101972 Fatwa 101972 Ruling on honour killing]</ref>, which says that the punishment for fornication by the unmarried is flogging, and must be carried out by the proper authorities. | Honour killing has been condemned in a recent fatwa<ref>[https://islamqa.info/en/101972 Fatwa 101972 Ruling on honour killing]</ref>, which says that the punishment for fornication by the unmarried is flogging, and must be carried out by the proper authorities. | ||
However, some statements about women and rules to control [[Islam and Women|women in Islamic primary sources]] very much contribute to the underlying attitudes towards women and girls held by those who commit honor killing and honor violence. There are also some related topics in Islamic sources concerning parents and their children, zina and punishments, as detailed below. | However, some statements about women and rules to control [[Islam and Women|women in Islamic primary sources]] very much contribute to the underlying attitudes towards women and girls held by those who commit honor killing and honor violence. There are also some related topics in Islamic sources concerning parents and their children, a woman marrying without approval of her wali, zina, and punishments, as detailed below. | ||
{{QuranHadithScholarsIndex}} | {{QuranHadithScholarsIndex}} | ||
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==Hadith== | ==Hadith== | ||
===A | ===A Valid Marriage Requires Approval of the Female's Wali=== | ||
{{Quote|{{Ibn Majah|9|3|9|1882}}|It was narrated from Abu Hurairah that: | {{Quote|{{Ibn Majah|9|3|9|1882}}|It was narrated from Abu Hurairah that: | ||
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the Messenger of Allah said: “No woman should arrange the marriage of another woman, and no woman should arrange her own marriage. '''The adulteress is the one who arranges her own marriage'''.” (Sahih)}} | the Messenger of Allah said: “No woman should arrange the marriage of another woman, and no woman should arrange her own marriage. '''The adulteress is the one who arranges her own marriage'''.” (Sahih)}} | ||
Note | Note that an earlier hadith in the same book indicates that this situation is not considered to be punishable adultery (as was also the consensus of the scholars according to Imam Abu Bakr al-Jassas (d. 370 A.H.) in his Ahkam al-Qur'aan): | ||
{{Quote|{{Ibn Majah|9|3|9|1879}}|It was narrated from Aishah that : | {{Quote|{{Ibn Majah|9|3|9|1879}}|It was narrated from Aishah that : | ||
the Messenger of Allah said: “Any woman whose marriage is not arranged by her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid. If (the man) has had intercourse with her, then the Mahr belongs to her in return for his intimacy with her. And if there is any dispute then the ruler is the guardian of the one who does not have a guardian.” (Sahih)}} | the Messenger of Allah said: “Any woman whose marriage is not arranged by her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid. If (the man) has had intercourse with her, then the Mahr belongs to her in return for his intimacy with her. And if there is any dispute then the ruler is the guardian of the one who does not have a guardian.” (Sahih)}} | ||
Nevertheless, the requirement for approval from the wali of the woman in order for her marriage to be valid greatly increases the potential for shame to be cast by the community on her and her male family members if she defies their wishes. | |||
A woman marrying without approval from her wali does not have a valid marriage according to this hadith and the majority of scholars. Her wali may only refuse a marriage for legitimate Sharia reasons (for example, if she wants to marry a non-Muslim). Otherwise his guardianship of her passes to another who will approve the marriage<ref>[https://islamqa.info/en/7193 The girl's father disagrees with a marriage - what is the solution? Fatwah 7193 - Islamqa.info]</ref>. | |||
===Punishments by stoning for adultery between a married person and someone who they are not married to=== | ===Punishments by stoning for adultery between a married person and someone who they are not married to=== | ||