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

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Qur'an, Hadith and Scholars:Violence Against Women (view source)

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{{QuranHadithScholarsIndex}}
{{QuranHadithScholarsIndex}}


Islamic law recognizes circumstances where men may be violent with women. This includes husbands dealing with disobedient wives, but also extends to warfare, where attacking women is endorsed by the example of the prophet, and the [[hudud]], which specify special punishments for transgressions of female sexual norms.  
Islamic law recognizes circumstances where men may be violent with women. This includes husbands controlling their wives, but also extends to warfare, where collateral damage (though not deliberate targeting) of women was reportedly excused by the prophet. Before being abrogated with a regime of equal punishments for men and women, a pair of Quran verses specified special punishments for transgressions of female sexual norms compared to when the same offence was committed by men.  


===Beating your Wives is Allowed===
===Beating your Wives is Allowed===
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{{Quote|{{Quran|4|34}}|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.}}
{{Quote|{{Quran|4|34}}|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.}}


{{Quote|{{Abu Dawud|11|2142}}|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.'''}}
A hadith graded ''hasan'' (the 2nd highest level of authenticity according to traditional scholars of hadith, below ''sahih'') quotes Muhammad saying that a man should not be asked why he beats his wife:


{{Quote|{{Ibn Majah|9|3|9|1985}}|It was narrated that Iyas bin 'Abdullah bin Abu Dhubab said:
{{Quote|1=[http://sunnah.com/urn/1263050 Sunan Ibn Majah 3:9:1986]|2=It was narrated that Ash'ath bin Qais said:
"I was a guest (at the home) of 'Umar one night, and in the middle of the night he went and hit his wife, and I separated them. When he went to bed he said to me: 'O Ash'ath, learn from me something that I heard from the Messenger of Allah" '''A man should not be asked why he beats his wife''', and do not go to sleep until you have prayed the Witr."' And I forgot the third thing."}}
"The Prophet said: 'Do not beat the female slaves of Allah.' Then 'Umar came to the Prophet and said: 'O Messenger of Allah, the woman have become bold towards their husbands? So order the beating of them,' and they were beaten. Then many women went around to the family of Muhammad,. The next day he said: ''''Last night seventy women came to the family of Muhammad, each woman complaining about her husband. You will not find that those are the best of you'''.' " (Sahih)}}


{{Quote|[http://www.islamqa.com/en/ref/10680/rights%20husband%20wife What are the rights of the husband and what are the rights of the wife?]<BR>Sheikh Muhammed Salih Al-Munajjid, Islam Q&A, Fatwa No. 10680|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.   
{{Quote|[http://www.islamqa.com/en/ref/10680/rights%20husband%20wife What are the rights of the husband and what are the rights of the wife?]<BR>Sheikh Muhammed Salih Al-Munajjid, Islam Q&A, Fatwa No. 10680|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. }}
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. }}
===Confine Woman Guilty of Lewdness to her House Until Death===
The words "another way" in this verse are understood in tafsirs to refer to this later being abrogated by the punishment of lashing (if unmarried) or stoning (if married).
{{Quote|{{Quran|4|15}}| 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.}}


===Killing Women and Children is Allowed as "Collateral Damage"===
===Killing Women and Children is Allowed as "Collateral Damage"===
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{{Quote|Al-Ghazali, Kitab al-Wagiz fi fiqh madhab al-imam al-Safi'i|...[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...<ref name="Al-Ghazali">Excerpted form ''[http://www.irfi.org/articles3/articles_4701_4800/why%20christians%20accepted%20greek%20natural%20philosophy,%20but%20muslims%20did%20nothtml.htm Kitab al-Wagiz fi fiqh madhab al-imam al-Safi'i]'' (Beirut, 1979), pp. 186, 190-91, 199-200, 202-203. English translation by Dr. Michael Schub.</ref>}}
{{Quote|Al-Ghazali, Kitab al-Wagiz fi fiqh madhab al-imam al-Safi'i|...[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...<ref name="Al-Ghazali">Excerpted form ''[http://www.irfi.org/articles3/articles_4701_4800/why%20christians%20accepted%20greek%20natural%20philosophy,%20but%20muslims%20did%20nothtml.htm Kitab al-Wagiz fi fiqh madhab al-imam al-Safi'i]'' (Beirut, 1979), pp. 186, 190-91, 199-200, 202-203. English translation by Dr. Michael Schub.</ref>}}


===Special Huduud Punishments for Women===
===Punishment for fornication and adultery===


{{Quote|{{Quran|4|15}}|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.}}
{{Quote|{{Quran|4|15}}|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.}}
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