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{{QualityScore|Lead=1|Structure=1|Content=4|Language=1|References=3}}'''This article is currently undergoing an overhaul, please do not edit it.'''
{{QualityScore|Lead=2|Structure=1|Content=3|Language=1|References=3}}'''This article is currently undergoing an overhaul, please do not edit it.'''
 
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.


==Genital mutilation==
==Genital mutilation==
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Among Muslims FGM is prevalent mainly in Egypt, Sudan, and Somalia, and in other African countries. Muslims who practice it invest genital mutilation with religious significance. One Islamic legal manual states that circumcision is required "for both men and women."
Among Muslims FGM is prevalent mainly in Egypt, Sudan, and Somalia, and in other African countries. Muslims who practice it invest genital mutilation with religious significance. One Islamic legal manual states that circumcision is required "for both men and women."


====Reliance of the Traveller====
====''Reliance of the Traveler''====


This manual of Islamic law prescribes female circumcision, but with an interesting twist. In English versions, the law forbids removal of the female clitoris, while in the original Arabic no such restriction exists.
This manual of Islamic law prescribes female circumcision, but with an interesting twist. In English versions, the law forbids removal of the female clitoris, while in the original Arabic no such restriction exists.
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==Marriage==
==Marriage==


===A Muslim woman is not permitted to marry a non-Muslim Man===
=== Restrictions on choice ===
 
====Prohibition on marrying non-Muslim men====


Islamic jurisprudence only allowed a Muslim woman to marry a Muslim man, based on their interpretation of the Qur'an. This injunction has been the cause of great personal grief for inter-faith couples and even the spark of violence and honor killings. According to all schools of Sunni and Shi'a jurisprudence, a non-Muslim man must either convert in order to marry a Muslim women or the couple must be seperated.   
Islamic jurisprudence only allowed a Muslim woman to marry a Muslim man, based on their interpretation of the Qur'an. This injunction has been the cause of great personal grief for inter-faith couples and even the spark of violence and honor killings. According to all schools of Sunni and Shi'a jurisprudence, a non-Muslim man must either convert in order to marry a Muslim women or the couple must be seperated.   
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In recent times, some 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 decidedly 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 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 decidedly 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====
===Men can marry up to four wives===
{{Main|Child Marriage in Islamic Law}}
{{Quote|{{Quran|4|3}}|If ye fear that ye shall not be able to deal justly with the orphans, Marry women of your choice, Two or three or four;}}Muhammad's Allowed Wife Limit in the Qur'an{{Quote|{{Quran|33|50}}|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.}}Muhammad on Polygyny for his Son-in-Law Ali{{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."'''}}
===Child marriage===
 
:''Main Articles: [[Forced Marriage]] and [[Contemporary Pedophilic Islamic Marriages]]''
 
Forcing a female to marry someone against her explicit wishes is forbidden in Islam. Nevertheless Shari'ah does not apply these protections to children. This failure to protect children has two aspects:
Forcing a female to marry someone against her explicit wishes is forbidden in Islam. Nevertheless Shari'ah does not apply these protections to children. This failure to protect children has two aspects:


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{{Quote|{{Quran|65|4}}|Such of your women as have passed the age of monthly courses, for them the prescribed period, if ye have any doubts, is three months, '''and for those who have no courses''' (it is the same): for those who carry (life within their wombs), their period is until they deliver their burdens: and for those who fear Allah, He will make their path easy.}}
{{Quote|{{Quran|65|4}}|Such of your women as have passed the age of monthly courses, for them the prescribed period, if ye have any doubts, is three months, '''and for those who have no courses''' (it is the same): for those who carry (life within their wombs), their period is until they deliver their burdens: and for those who fear Allah, He will make their path easy.}}


===Marriage to virgins===
====Polygamy (four wives per husband)====
{{Main|Polygamy in Islam|Dealing Justly with Wives and Orphans|Unjust treatment of wives}}{{Quote|{{Quran|4|3}}|If ye fear that ye shall not be able to deal justly with the orphans, Marry women of your choice, Two or three or four;}}Muhammad's Allowed Wife Limit in the Qur'an{{Quote|{{Quran|33|50}}|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.}}Muhammad on Polygyny for his Son-in-Law Ali{{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."'''}}Muhammad was a polygamist, and Islam allows a man to marry up to four wives at any one time:{{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.}}It is also interesting to note that a Muslim male does not require the permission of his first wife before marrying a second. These articles looks at the various arguments that are often presented in defense this practice and the choices made by Muhammad.
 
Verse 4:3 is often partially quoted to explain demonstrate a Muslim man '''may''' marry up to four women. However, if he cannot deal justly with each of the wives then he is forbidden to marry that many; and can marry only one wife, to prevent treating women unfairly. It is usually then explained that the use of the word "Justice" or "Justly" (depending on which translation is being used) refers to the man's ability to treat each of his wives exactly the same in every regard: not just materially (ie. food, clothing, shelter, time, money, etc..) but also that he must be able to love them all exactly the same. He must be able to feel the same amount of affection and love for each of his wives. If he cannot do this, then, according to (this interpretation of) the Qur'an he cannot marry more than one wife. According to most scholars, however, Qur'an 4:3 has nothing to do with treating your wives equally, but is in fact about orphans and their Mahr. Injustice in this verse is generally understood as being in reference to the financial equality regarding the Mahr (for orphans) and financial viability of having that many wives, not equality between them.
====Autonomy of virgins vs. non-virgins====


{{Quote|{{Muwatta|28|2|4}}|Virgins must give consent for marriage, but… "Malik related to me from Abdullah ibn al-Fadl … '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 and her silence is her consent.'"}}
{{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 "}}


===Mut'ah marriages===
===Temporary ''Mut'ah'' marriages===


Mut'ah is a temporary arrangement whereby a man and a woman enter into a contractual arrangement to marry each other for a specified period of time. The time can be as little as one hour or as long as several years, though most Mutah contracts are for hours or a few days. The man gives the woman something of value, and in exchange he is allowed to enter into sexual relations with her, legally, without committing fornication, since they are "married." At the end of the period specified in the contract, each party walks separate ways and neither is indebted to the other. Mut'ah can thus be seen as a religiously-endorsed form of prostitution. The practice actually dates back to Arabia's pre-Islamic days, and was recorded by the pagan Latin historian Ammianus Marcellinus writing in the 300's.
Mut'ah is a temporary arrangement whereby a man and a woman enter into a contractual arrangement to marry each other for a specified period of time. The time can be as little as one hour or as long as several years, though most Mutah contracts are for hours or a few days. The man gives the woman something of value, and in exchange he is allowed to enter into sexual relations with her, legally, without committing fornication, since they are "married." At the end of the period specified in the contract, each party walks separate ways and neither is indebted to the other. Mut'ah can thus be seen as a religiously-endorsed form of prostitution. The practice actually dates back to Arabia's pre-Islamic days, and was recorded by the pagan Latin historian Ammianus Marcellinus writing in the 300's.
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'Ati' reported that jibir b. Abdullah came to perform 'Umra, and we came to his abode, and the people asked him about different things, and then they made a mention of temporary marriage, whereupon he said: Yes, we had been benefiting ourselves by this temporary marriage during the lifetime of the Prophet (ﷺ) and during the time of Abu Bakr and 'Umar.}}
'Ati' reported that jibir b. Abdullah came to perform 'Umra, and we came to his abode, and the people asked him about different things, and then they made a mention of temporary marriage, whereupon he said: Yes, we had been benefiting ourselves by this temporary marriage during the lifetime of the Prophet (ﷺ) and during the time of Abu Bakr and 'Umar.}}
Imam al-Baydawi, in his famous book, ''The Interpretation of the Baydawi'', says, "The purpose of the contractual marriage is the mere pleasure of intercourse with a woman, and her own enjoyment in what she has given" (p. 108).
Imam al-Baydawi, in his famous book, ''The Interpretation of the Baydawi'', says, "The purpose of the contractual marriage is the mere pleasure of intercourse with a woman, and her own enjoyment in what she has given" (p. 108).
====Polygamy in Islam====
:''Main Article: [[Polygamy in Islam]]''
Muhammad was a polygamist, and Islam allows a man to marry up to four wives at any one time:{{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.}}It is also interesting to note that a Muslim male does not require the permission of his first wife before marrying a second. These articles looks at the various arguments that are often presented in defense this practice and the choices made by Muhammad.
====Justice for Women in Islam====
:''Main Articles: [[Dealing Justly with Wives and Orphans (Qur'an 4:3)|Dealing Justly with Wives and Orphans]] and [[Unjust Treatment of Wives (Qur'an 4:129)|Unjust treatment of wives]]''
Verse 4:3 is often partially quoted to explain demonstrate a Muslim man '''may''' marry up to four women. However, if he cannot deal justly with each of the wives then he is forbidden to marry that many; and can marry only one wife, to prevent treating women unfairly. It is usually then explained that the use of the word "Justice" or "Justly" (depending on which translation is being used) refers to the man's ability to treat each of his wives exactly the same in every regard: not just materially (ie. food, clothing, shelter, time, money, etc..) but also that he must be able to love them all exactly the same. He must be able to feel the same amount of affection and love for each of his wives. If he cannot do this, then, according to (this interpretation of) the Qur'an he cannot marry more than one wife. According to most scholars, however, Qur'an 4:3 has nothing to do with treating your wives equally, but is in fact about orphans and their Mahr. Injustice in this verse is generally understood as being in reference to the financial equality regarding the Mahr (for orphans) and financial viability of having that many wives, not equality between them.
===Mahr===
===Mahr===
{{Main|Purpose of the Mahr|Qur'an, Hadith and Scholars:Mahr}}Islamic scriptures describe the ''mahr,'' or primarily financial gift made by a groom to his bride upon a ''nikah'' (intercourse) contract, as 'the recompense for your having had the right to intercourse with her'.{{quote | {{Muslim|9|3557}} |
{{Main|Purpose of the Mahr|Qur'an, Hadith and Scholars:Mahr}}Islamic scriptures describe the ''mahr,'' or primarily financial gift made by a groom to his bride upon a ''nikah'' (intercourse) contract, as 'the recompense for your having had the right to intercourse with her'.{{quote | {{Muslim|9|3557}} |
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`Aisha urged women to take good care of their husbands and to recognize the rights that their husbands had over them. She saw these rights as being so great and so important that a woman was barely qualified to wipe the dust from her husband's feet with her face, as she stated: "O womenfolk, if you knew the rights that your husbands have over you, every one of you would wipe the dust from her husband's feet with her face."<ref>Dr. Muhammad Ali Al-Hashimi - [http://www.msawest.net/islam/humanrelations/womeninislam/idealmuslimah/chapter4.html The Ideal Muslimah (chapter 4)] - MSA West.net</ref>}}
`Aisha urged women to take good care of their husbands and to recognize the rights that their husbands had over them. She saw these rights as being so great and so important that a woman was barely qualified to wipe the dust from her husband's feet with her face, as she stated: "O womenfolk, if you knew the rights that your husbands have over you, every one of you would wipe the dust from her husband's feet with her face."<ref>Dr. Muhammad Ali Al-Hashimi - [http://www.msawest.net/islam/humanrelations/womeninislam/idealmuslimah/chapter4.html The Ideal Muslimah (chapter 4)] - MSA West.net</ref>}}


====The Wife Must not Withhold from her Husband====
====Sexual submission====
{{Quote|{{Bukhari|7|62|121}}| Narrated Abu Huraira:
{{Quote|{{Bukhari|7|62|121}}| Narrated Abu Huraira:
The Prophet said, "If a man invites his wife to sleep with him and she refuses to come to him, then the angels send their curses on her till morning."}}
The Prophet said, "If a man invites his wife to sleep with him and she refuses to come to him, then the angels send their curses on her till morning."}}
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