Women in Islamic Law

Introduction

Modern Muslims often claim that Islam holds women in high regard. Souad Saleh, a female professor at Al-Ahzar University in Cairo and a vocal proponent of women's rights in Egypt, recently stated, "Islam is pure and simple, and it holds women in high esteem."^[1] She also says, "Muslim women were the first to be granted the right to inherit property and conduct their own private business affairs. This was so at an age when the women of Europe and Asia were not allowed to own property, inherit wealth and in some instances were treated as chattel."^[1] When addressing the issue of women being mistreated by their husbands, she states, "guardianship over women … does not give male members of the family license to oppress their female counterparts. Islam enjoins men to protect, love and care for their women folk."^[1]

It is also often claimed by Muslims that Islam abolished the horrible practice of female infanticide prevalent among the pagan Arabs. Muhammad gave clear directions leading to the restriction of polygamy, restrained the unlimited rights by men over their wives, and gave woman both spiritual and material equality with man.^[2]

Islamic websites often claim that Islam elevates the status of women. For example, at the website of the Muslim Student Association at the University of Southern California, one can find the following regarding Women in Islam:

• Islam declared women and men equal.
• Islam condemned pre-Islamic practices degrading and oppressing women.
• The same injunctions and prohibitions of Islam equally apply to both sexes.
• Islam gave woman the right of inheritance and the right of individual independent ownership unhampered by father, husband, brother, son or anyone else.
• Islam gave women the right to accept or reject a marriage proposal free from pressure, and by mutual agreement to specify in the marriage contract that she has the right to divorce (if she misses that option she has the right to seek court divorce if she deems the marriage to have failed beyond repair).
• Islam does not require woman to change her name at marriage.
• Islam protects the family and condemns the betrayal of marital fidelity. It recognizes only one type of family: husband and wife united by authentic marriage contract.
• "Heaven is at the feet of mothers", is a basic Islamic teaching.
• "The best of you are the kindest to their wives and I am your best to mine", is a teaching by prophet Mohammad.
• Islam enjoins sounds morality in thinking, behavior and appearance. Dress fashions and social patterns that reduce woman to a sex object and exploit her as such are not acceptable to Islam.
• The observance of chastity and moral standards is equally demanded by Islam from both men and women. "Women are the siblings of men", is a saying of prophet Mohammad.

The Treatment of Women by Men in Islamic Scripture

Some verses of the Qur'an command the believers to be fair and kind to women:

The Qur'an clearly enjoins the believers to treat their women folk well and not to cause them harm here.

Permission to Husbands to Beat Their Wives

Muslim apologists will assert that the term "and beat them" speaks only metaphorically. Others insist it means only a simple strike, as with hitting them with a feather or toothpick. Yusuf Ali adds the word 'lightly,' which never appears in the Arabic. Yet, a simple observation of the text shows any of the above to be erroneous.

The text presents a series of progressive disciplinary measures if a man suspects disobedience from his wife:

1. Admonish her. Give her a verbal warning regarding her behavior.
2. sleep in separate beds from her. This humiliates the woman, for in Islam a woman's worth is measured, in part, by her ability to reproduce offspring, particularly male offspring. Sleeping in a separate bed from the wife dishonors her by limiting her ability to reproduce a male child.
3. Beat them. This is the third, most significant step of the progressive discipline process and is expected to be the one that produces the desired result if the first two failed.

Suggestions such as of hitting the woman "lightly" with a toothpick as the most severe disciplinary measure don't seem to follow logically from the steps laid out in the text and lack textual and traditional attestation.

In the most authoritative biography of Muhammad, written by ibn Ishaq, we find the following words of the prophet of Islam:

Ibn Kathir records a hadith that states:

Ibn Kathir further elaborates what constitutes ill conduct:

Scholar Abdul-latif Mushtahiri:

Muhammad's Conduct Towards his Wives

Influence of the Islamic Scriptures on Contemporary Domestic Violence

According to the Pakistan Institute of Medical Sciences, over 90% of married women report being kicked, slapped, beaten or sexually abused when husbands were dissatisfied by their cooking or cleaning, or when the women had 'failed' to bear a child or had given birth to a girl instead of a boy. Another organization stated that one woman is murdered and one woman is kidnapped in Pakistan every day.^[7]

Women – social status

Women are mere possessions

In the following hadith, note that Sad bin Ar-Rabi used his wives as a mere possession to be traded in a purely commercial transaction:

The prophet of Islam stated the following, recorded in the earliest biography:

Women are also mentioned in these texts as possessions along with animals:

Women are controlled by their husbands

Saudi feminist Wajeha Al-Huwaider describes the lives of many Arab women as similar to a prisoner. As she puts it, "the Arab woman is a prisoner in her own home, has committed no crime, was not captured in battle, does not belong to any terrorist group."

In the book The Ideal Muslimah, Dr. Muhammad Ali Al-Hashimi notes:

Women's prayers are rejected if their husbands are angry with them for any reason

Women must never be alone in the presence of another man who is not a relative

A women who walks or goes out unaccompanied or in the company of a man who is neither their husband nor a close relative is at risk of arrest on suspicion of prostitution or other "moral offences" in certain majority-Muslim countries.

In February 2008, an American businesswoman of Jordanian descent was arrested in Saudi Arabia after being found by the religious police sitting in the family area of a Starbucks with a male business associate. They had been working together at their nearby office when power was lost, and they decided to go to Starbucks to use the wireless internet. She was released from jail a day later, bruised and crying after being detained and beaten for being in the presence of another man not a relative.^[10]

Women are deficient in intellect

Women's testimony equal to half of man's

Women are the inhabitants of hell

Some Qur'an translators use the word "spouses" instead of "wives."^[11] Yet, the Qur'an is clear in telling us that if some persons deserve hell, their spouses must simply follow suit irrespective of whether or not they are guilty. The tafsirs are also in disagreement over the correct word; Ibn Abbas goes with "wives."^[12]

Women compared to dogs

Most orthodox Islamic scholars considers dogs to be haram - forbidden and najis - unclean. Thus the comparison of women to dogs in these Sahih (authentic) ahadith are noteworthy:

Women compared to devil

Women, marriage and divorce

A Muslim woman is not permitted to marry a non-Muslim Man

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.

This ruling, derived from a verse in the Qur'an and for which there was scholarly consensus^[13][14][15], is designed to ensure that a Muslim wife and her future offspring continue to follow the religion of Islam, lest a non-Muslim husband enforces his views on the family.

Muslim men have fewer restrictions - they are permitted to marry Muslim women and people of the Book (Jewish and Christian women).

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.^[16]

The marriage of women who convert to Islam or whose husbands leave Islam is annulled

Based on another Qur'anic verse and numerous hadiths, Islamic jurisprudence has often decreed the break-up of existing marriages when a wife converts to Islam but the husband does not to do so. This ruling, for which there is also classical scholarly consensus^[13][17], is based on the following verse:

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.^[13]

Men can marry up to four wives

Muhammad's Allowed Wife Limit in the Qur'an

Muhammad on Polygyny for his Son-in-Law Ali

Grounds for a Man to Divorce His Wife

Ibn Kathir, the one of the most respected of Qur'an commentators:

Divorce process for women

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 (dowery) she had received or other agreed payment. This is known as khula'. If he refuses, she can try to get a divorce by judicial decree when there are grounds for which his consent is not required (such as inability or failure to fulfil his marital obligations, desertion, insanity, cruelty).

Ibn Kathir quotes Sahih Muslim:

Muhallil Marriage

A woman can remarry her first husband only if she marries another man and consummates the marriage with him, then proceeds to divorce that man:

Child Marriage

Marriage to virgins

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.

Mutah is practiced mainly by Shi'ites today, although at one time Muhammad permitted it for all Muslims. This is one of many areas of disagreement between Sunnis and Shi'ites: Sunnis believe Muhammad abrogated Mutah, while Shi'ites disagree and still practice Mut'ah as allowed by Muhammad.

According to Islamic literature, Mutah was first made unlawful by Mohammad on the day of the battle of Khaybar (a battle against a jewish tribe named Khaybar), after apparently being practiced since the conception of Islam. It was then made lawful again on the day of Conquest of Makkah for 3 days by Muhammad, when his companions complained to him their desire for women. From this point, it is disagreed upon between Sunnis and Shias on whether Mutah was made again unlawful by Muhammad or not. However, the practice of Mutah continued in the early Muslim Community by the companions until Umar (the second caliph) forbade it sometime between 13-23 AH. Some of Muhammad's companions however still held the belief that Mutah was never made again unlawful by Muhammad, the most notable of which is Ibn Abbas.^[21]

The following quotations regarding Mut'ah marriages are from a Shi'ite Muslim website.^[22]

Whenever man sets foot on the earth the need to travel always emerges. Sometimes traveling can involve man going thousands of miles away from home, sometimes for moths, even years. Do one's sexual desires just evaporate when an individual is traveling? Sexual desire isn't like some light switch that turns off when a man leaves his wife to set off on his travels, and turns back home when he gets back! Sexual desire is something that remains permanently with a human, when it accompanies him at all times then how can he curtail such sexual feelings? When someone is traveling and accessing his wife is impossible, and he is incapable of summing her to join him, then what will a young red-blooded male do? Miles away from home, feeling sexually aroused his situation is not one wherein he can get permanently married, so what is he to do? He will feel the only way that he can relieve himself is by amalgamating himself into the society around him. Islam does not permit a person to sexually relieve himself through masturbation nor is he permitted to adopt the ways of the kufr and indulge himself in fornication, it offers him a legitimate mechanism with which to relieve himself and that is temporary marriage.

It is not just traveling, that might necessitate Mutah, there are many in society who just does not have the financial ability / standing to get permanent married, yet they still have sexual desires, again Mut'ah is there to ensure that they practice sex within the boundaries set by Allah (swt).

Islam is a religion that is suited for all nations and ages. Mut'ah is a good example of that. It is only the Deen of Islam that caters for sexual desire by permitting a legitimate method of control. For others societies the only mechanism that they see as the solution to relieving sexual feelings is through the practice of fornication. In the western world adultery and fornication are common and openly performed. Mut'ah is a way of protecting a person from committing these serious sins and vices.

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).

Sexual relations with women in Islam

Man Can Take Pleasure from their Women (Wives)

The Wife Must not Withhold from her Husband

Women are Placed in Paradise for the Pleasure of Men

Men Can Have Sex with (Rape) Female Slaves

Sahih Muslim Chapter 29: IT IS PERMISSIBLE TO HAVE SEXUAL INTERCOURSE WITH A CAPTIVE WOMAN AFTER SHE IS PURIFIED (OF MENSES OR DELIVERY) IN CASE SHE HAS A HUSBAND, HER MARRIAGE IS ABROGATED AFTER SHE BECOMES CAPTIVE

"What the right hand possesses" is a common euphemism in Arabic for a slave or slaves. Ibn Timiyya says in volume 32, p.7 the following:

In the same volume (page 89), Ibn Timiyya says boastfully:

Women Cannot Have Sex with Male Slaves and POWs

In a tafsir explaining surah 23 verses 1-7 of the Qur'an, Abul A'la Maududi explains that women are not allowed to have sex with male slaves and captives.

Ban on Forcing Slave Girls into Prostitution

The slave women are 'forgiven' for what they were forced to do by the slave owner, but no punishment is prescribed for this action.

Muhammad Suggested Marrying Virgins to Fondle Them

Females found responsible and punished for rape

In March 2007, a 19-year-old Saudi woman received a sentence of 90 lashes. Her crime? A man threatened to tell her father that they were having an affair unless she met him alone. When she did, she was kidnapped and repeatedly raped, after which her brother beat her because the rapes brought shame to the family. Rather than giving her justice, a Saudi court sentenced her to be lashed ninety times because she had met a man alone who was not related to her. Fuziyah Al Ouni, a feminist activist, said she was outraged by the case. 'By sentencing her to 90 lashes they are sending a message that she is guilty.'^[23]

"In 2004, a sixteen-year old girl, Atefeh Rajabi, was hanged in a public square in Iran. Her crime? Rajabi was charged with adultery -- which probably means she was raped. Her rapist was not executed. Rajabi told the mullah-judge, Haji Rezaii, the he ought to punish men who rape, not their victims." The judge both sentenced and personally hanged Rajabi because, in addition to her crime, he said that she had "a sharp tongue."^[24]

On November 1, 2008 a 13-year-old girl in Somalia was stoned to death after being raped by three men. She was unable to produce the required four witnesses to the rape and was therefore accused of adultery as required by Shari'a law. It was reported that the girl begged for mercy before being buried waist high in the ground and pummeled to death by a mob of 1,000.^[25][26]

Islamic law restricts the validity of a woman's testimony, particularly in cases involving sexual immorality. And Islamic legal theorists have limited it even farther, in the words of one Muslim legal manual, to "cases involving property, or transactions dealing with property, such as sales." In other judicial areas only men can testify. It is virtually impossible, therefore, to prove rape in lands that follow these Sharia provisions. If the required male witnesses can't be found to exonerate her (four men who testify to seeing the actual crime, according to the Qur'an), the victim's charge of rape can become an admission of adultery. That accounts for the grim fact that as many as seventy-five percent of the women in prison in Pakistan are, in fact, behind bars for the crime of having been raped.^[27]

Muhammad married Aisha at 6, had sex at 9 years of age

Ayatollah Khomeini, the Iranian Shia religious leader, married a ten-year-old girl when he was twenty-eight.Khomeini called marriage to a prepubescent girl "a divine blessing," and advised the faithful: "Do your best to ensure that your daughters do not see their first blood in your house."

Speaking about the waiting period for divorce, the Qur'an states:

Women – dress requirements, modesty

Women's Responsibility to Cover

Modesty valued more than life

In the Muslim holy city of Mecca in March 2002, fifteen teenage girls perished in a fire at their school when the Saudi religious police, the muttawa'in, wouldn't let them out of the building, because in the female-only school environment, they had shed the all-concealing outer garments that Saudi women must wear in the presence of men. They had not put these garments back on before trying to flee from the fire. The muttawa'in preferred that they die rather than transgress Islamic law, and actually battled police and firemen who were trying to open the school's doors and to save the girls. ^[28]

Shame and honor

Honor killings by family members

Domestic violence is an issue that transcends cultures and is not limited solely to the Islamic world. Yet while honor killing indeed occurs in other cultures, and is not prescribed in by Islamic schools of jurisprudence, the ubiquity of killing of children by parents is popularly excused through reference to Islam. Shari'a law allows a father or mother to murder their children without retaliation (Qisas):

Thus according to the Shafi'i school of Islamic jurisprudence, a father or mother may murder their offspring for any reason, without fear of vengeance or justice. Most often, this sort of murder is done to preserve family "honor" and this honor usually revolves around something that a female family member has done. Such extreme negative attitudes and actions in response to female freedom are no doubt influenced by Islamic punishments for zina and the highly controlling nature of Islam towards women generally.

The United Nations Population Fund estimated in September 2000 that as many as 5,000 women and girls fall victim to such killings each year. Some examples:

Aqsa Parvez

Aqsa Parvez was strangled to death by her father, Muhammad Parvez, on December 10, 2007 in Ontario, Canada. Aqsa shamed her father because she refused to wear the hijab and wanted to dress in Western clothing.

Amina and Sarah Said

Amina and Sarah, two sisters, were gunned down by their Egyptian father Yaser Said on New Year's Day 2008 in Dallas, Texas. Their crime in his eyes: wanting to be like other teenagers in high school and dress in western clothing. Yaser was assisted by his wife and has fled the country. He was captured by police in Texas on August 26th, 2020 and is awaiting trial.

Sandeela Kanwal

On July 6, 2008 Chaudhry Rashid, a Pakistani man, strangled his daughter with a bungee cord for refusing an arranged marriage. During his arraignment, Rashid told the judge, "I have done nothing wrong." He believes he was justified in his acts by his faith.

Aasiya Hassan

Aasiya Hassan was beheaded by her husband, Muzzammil Hassan, in February 2009. Muzzammil was said to be an influential member of the Muslim community of Buffalo, New York where the couple lived and where they operated Bridges TV, a media outlet designed to help remove the stereotype of Islam as a violent religion.

The Shafii Family: Three sisters and a wife

A man, his second wife, and his oldest son were charged with the drowning murder of the man's first wife and his three daughters in July 2009. Muhammad Shafii, a Canadian man of Afghani descent, his son Hamid Muhammad Shafi, and his second wife Tooba Muhammad Yahya, were charged with first degree murder after authorities learned they had been planning the murder for months.

For more media coverage on honor killing among Muslims, see Fox News video special on honor killing in America.^[29]

Female circumcision (FGM)

In some Islamic countries women face the certainty of female circumcision, otherwise known as Female Genital Mutilation (FGM). Somali women's rights activist and ex-Muslim Ayaan Hirsi Ali notes that in her own homeland virtually every girl has her clitoris excised, sometimes when as young as five years old, and that the practice is always justified in the name of Islam.

Uncircumcised girls are told they will become prostitutes but that circumcised girls will be pure and will retain their honor and dignity. Ayaan Hirsi Ali describes her own genital mutilation in her book Infidel:

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

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.

English translation:

Original Arabic:

To Sheikh Muhammad Sayyed Tantawi, the Grand Imam of Cairo's al-Azhar, the oldest and most prestigious university in the lands of Islam, female circumcision is "a laudable practice that does honor to women." Tantawi is no fringe figure: he is, in the words of a BBC report, "the highest spiritual authority for nearly a billion Sunni Muslims."

In endorsing female circumcision he uses this considerable spiritual authority to perpetuate a practice that gives women lifelong pain and blocks their access to sexual fulfillment. But perhaps in the eyes of Sheikh Tantawi the pain is worth the result: most authorities agree that female circumcision is designed to diminish a woman's sexual response, so that she will be less likely to commit adultery.

See also

• Qur'an, Hadith and Scholars:Women

References