Islam and Women: Difference between revisions

Muhammad's declared that the ''majority of the inhabitants of Hell are women''.<ref>{{Bukhari|1|6|301}}</ref> When asked why, he said it was because they are deficient in intelligence and religion and because they are ungrateful to their husbands. He also advanced in the same narration that their deficiency in intelligence was responsible for some of their legal disabilities.  

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:{{Quote|{{Bukhari|1|9|490}}; see also {{Muslim|4|1032}} & {{Muslim|4|1034}}|Narrated 'Aisha:

The Qur'anic Paradise is sensual in nature, promising Muslim men voluptuous, gigantic, and transparent-skinned virgins, but does not specify their exact number. The hadith literature compliment the Qur'anic text by specifying the exact number of virgins as 72 and providing detailed descriptions of their characteristics. These narrations vary in strength from good (''hasan'') to authentic (''sahih'') and have been accepted by the Islamic tradition. There are also given details on the physical attributes given to men to sustain 72 virgins, namely, ever-erect penises that never soften and the sexual strength to satisfy 100 women. Although it is said they will receive a "great reward" and there are also hadith which refer to 72 virgins as one of the "seven blessings from Allah" to the martyr, the Qur'an does not specify these virgins are a reward exclusively for jihadists/martyrs, but rather for any Muslim male who gains admittance to Paradise.

{{Main|Women in Islamic Law}}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.

Female genital mutilation (FGM) is obligatory in the Shafi'i madhab<ref>[https://www.answering-islam.org/Sharia/fem_circumcision.html Section on FGM in the standard manual of Shafi'i law]</ref> and encouraged by the remaining three madhabs, namely the Hanafi, Hanbali, and Maliki. Salafi scholars also encourage the practice. In universally conceiving of FGM as being either an obligatory or favorable practice, the schools of Islamic law agree that ''prohibiting'' FGM altogether would not be acceptable, as this would be tantamount to contravening God's laws and preferences. Views on the specific type of FGM required or permitted vary within and between the madhhabs. Some prominent modern Islamic scholars have dissented from the favorable consensus of the Islamic tradition and ruled it to be unlawful.{{Quote|''Reliance of the Traveler'' [''Umdat al-Salik''], Section e4.3 on Circumcision|'''Obligatory (on every male and female) is circumcision.''' (And it is the cutting-off of the skin [''qat' al-jaldah''] on the glans of the male member and, '''as for the circumcision of the female, that is the cutting-off of the ''badhar'' [''qat' al-badhar'', ''badhar'' or بَظْرٌ either means the clitoris or the prepuce of the clitoris; Lane says that the precise usage was confused at some point in history<ref>[http://lexicon.quranic-research.net/data/02_b/137_bZr.html Lane's Lexicon بَظْرٌ]</ref>]''' (and this is called ''khufad''))}}The Islamic legal tradition, while differing on its implementation, embraced FGM wholeheartedly, and, In the hadith literature, Muhammad is recorded as tacitly approving of the practice ({{Muslim|3|684|}}) , prescribing circumcision in general without specifying the requirements thereof per gender ({{Bukhari|7|72|777|}}), and commenting generically on its implementation ({{Abu Dawud|41|5251|}}). No where is Muhammad recorded prohibiting the practice.

In 2012, the Muslim Brotherhood worked to decriminalize FGM. According to Mariz Tadros (a reporter),"the Muslim Brotherhood have offered to circumcise women for a nominal fee as part of their community services, a move that threatens to reverse decades of local struggle against the harmful practice [...] Many of the Brothers (and Salafis) argue that while it is not mandatory, it is nevertheless ''mukarama''  (preferable, pleasing in the eyes of God)."<ref>Tadros, Mariz (24 May 2012). "[https://www.opendemocracy.net/en/5050/mutilating-bodies-muslim-brotherhoods-gift-to-egyptian-women/ Mutilating bodies: the Muslim Brotherhood's gift to Egyptian women]". ''openDemocracy''</ref>

The major schools of Islamic jurisprudence were in agreement that a pre-pubescent child could be contracted in marriage by his or her father [[Forced Marriage|and without consent]]. They based this view variously on [[Muhammad]]'s marriage to [[Aisha]], the example of his [[Sahabah|companions]], and the Quran (particularly {{Quran|65|4}}). The Maliki and Shafi'i schools even allowed a father to forcibly contract his daughter in marriage who had already reached puberty if she was still a virgin, despite hadith evidence indicating otherwise. The family were to hand over the betrothed wife for consummation of the marriage when they determined that the girl was now able to endure intercourse without physical harm rather than this being tied to any particular age (though Ibn Hanbal specified the age of nine due to the example of Aisha's marital consummation with Muhammad). Some Quranic commentators interpreted the Quran such that only females who had reached puberty can be contracted in marriage, though most thought that marriage of minors was permitted. The Byzantines around this time allowed girls to be married from the age of thirteen and the Persian Sassinids allowed marital consummation from the age of twelve.

Today, [[w:Marriageable_age|many modern Muslim countries]] have legislated to raise the minimum age of marriage, in many cases to the age of 16 or 18 for girls (though often with loopholes or with ineffective enforcement) and to prevent forced marriage, often in the face of opposition from Islamic scholars. Many Muslim campaign groups and charities have been involved in this process and continue to offer help to those at risk (see the article [[Forced Marriage]] which includes sources of help).<ref>For example [https://www.mwnuk.co.uk/Forced_Marriage_7_factsheets.php Muslim Women's Network UK] and [https://preventforcedmarriage.org/forced-marriage-overseas-pakistan/ Tahirih Justice Center Forced Marriage Initiative]</ref> In collaboration with activists, in 2019 the deputy Grand Imam of al-Azhar University in Cairo issued a fatwa calling for marriage based on mutual consent with a minimum age set as 18.<ref>[https://www.theguardian.com/global-development/2019/jun/21/senior-islamic-cleric-issues-fatwa-against-child-marriage Senior Islamic cleric issues fatwa against child marriage] - Guardian.com</ref> Unicef say that the prevalence of child marriages are decreasing globally but are nevetheless common (including among non-Muslim populations in some regions of the world).

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'' (item or sum of financial worth) she had received or some 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, or cruelty).

{{Main|Hijab|Qur'an, Hadith and Scholars:Hijab}}Islamic scholars differ in their interpretation of the verses prescribing female attire. All four madhabs agree by consensus that women must cover their entire body, excluding their hands and face, except for Hanafis, who also permit women to reveal their feet. These clothing requirements only apply in the presence of unrelated men (in addition to some male relations) and during prayers. Hanafis and some other scholars also require women to observe these requirements in the presence non-Muslim women, fearing that these non-Muslim women may describe a Muslim woman's physical features to other men. Some modern interpretations disagree with the traditional views (see main article).

''Safiyah bint Huyayy'' (610 - 670 AD) was the bride of Kinana and the chief mistress of the Jewish tribes of Quraiza and An-Nadir. When the Muhammad's followers invaded and conquered Khaibar, the opposition's fighting men were killed and Safiya was taken captive (along with the rest of the women and children) and allotted as booty to Dihya Al-Kalbi, a Muslim.<ref>{{Bukhari|2|14|68}}</ref> Kinana, Safiyah's suitor or husband, was tortured and executed by Muhammad's followers in order to discover the hiding places of treasure,<ref>Ishaq. I (Author), Guillaume. A (Translator). (2002). [http://www.amazon.com/Life-Muhammad-I-Ishaq/dp/0196360331/ref=sr_1_1?ie=UTF8&s=books&qid=1252901691&sr=8-1#reader ''The Life of Muhammad'']. (p. 515). Oxford University Press - Tabari vol. 8, p.123 - Muir, Sir William. (1878). [http://books.google.com/books?id=5QMMAAAAIAAJ&printsec=frontcover&source=gbs_navlinks_s#v=onepage&q=&f=false ''The Life of Mahomet, New Edition'']. (pp. 390-391) London:Smith, Elder and Co.</ref> and one source relates that he and Safiya had been married only one day.<ref>Muir, Sir William. (1878). [http://books.google.com/books?id=5QMMAAAAIAAJ&printsec=frontcover&source=gbs_navlinks_s#v=onepage&q=&f=false ''The Life of Mahomet, New Edition'']. (pp. 392) London:Smith, Elder and Co.</ref> She was so beautiful that the Muslims began praising her in the presence of [[Muhammad]]<ref>{{Muslim|8|3329}}</ref>, and so the prophet commanded that Dihya be brought before him along with Safiya. Upon seeing her, Muhammad said, "Take any slave girl other than her from the captives"<ref>{{Bukhari|1|8|367}}</ref> and he selected her to be his slave rather than the slave of any of his companions.

''Mariyah the Copt'' was one of the prophet’s wives’ maids and bore him a son who later died, called Ibrahim. Muhammad slept with her without any ceremony, which caused uproar among his wives. It is said that the controversy was finally settled by verses {{Quran-range|66|1|6}}, allowing Muhammad to continue sleeping with her after he had placated his wives by recinding this right.

{{Main|Convenient Revelations}}Muhammad often received revelations from God which would absolve him from or resolve for him various personal restrictions and controversies. These revelations would form part of the Quran and hadith. Critics have suggested that such verses would scarcely merit inclusion in a eternal document of divine importance that conceives of itself as "guidance for all of mankind". According o Sahih Bukhari, Aisha, Muhammad's wife, once said to him after one such revelation, "I feel that your Lord hastens in fulfilling your wishes and desires."<ref>{{Bukhari|6|60|311|}}</ref>

Honor killing has occured in many cultures, and is the murder by family members, usually of females, who are perceived to have brought shame on the family. The attitude is that the honor of the family in the community can be protected or restored in this way. Common triggers for honour killing occur when young couples have unmarried relations with each other, or when a woman marries someone against the wishes of her parents.

In Islamic law, there is no punishment merely for the shame caused upon a family by their female relations, nor to restore family honor by killing them. There are, however, punishments for various types of [[w:Zina|Zina]] (unlawful sexual relations) in Islam. Zina includes both fornication (when an unmarried person has intercourse), for which the punishment is flogging, and adultery (when a married person has intercourse with someone other than their spouse), for which the punishment is death by stoning. These punishments are only to be applied by the authorities. A punishment in a private setting is mandated in {{Quran|4|34}} which tells men to beat their wives as a last resort in certain circumstances {{Quran|4|34}}.

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 the rules to control them as outlined above in this article may contribute to the perceived social consequences of failing to exert such control and the underlying attitudes towards women and girls held by those who commit honor killing and honor violence. This includes such rules as those concerning gender segregation and zina (especially the prohibition of sexual intercourse between an unmarried couple, even the suspicion of which is a common trigger for honor violence against girls), and a woman marrying without the approval of her wali. Underlining the seriousness in which some of these are regarded, certain punishments such as stoning, flogging, and even death by being thrown off a tall building are prescribed for sexual crimes in Islamic law, though these are to be carried out by the authorities. In the modern age, there have been many reported incidents of honor violence when young women are perceived to have violated Islamic requirements about dress and adornmonts when using photo and video based social media. A connection between Islam and honor violence is disputed by some on the basis that honor killing in the Muslim world is largely associated with certain countries like Pakistan and in parts of the Middle East and North Africa rather than universal. The problem has also been documented in a Hindu religious context in countries such as India and Nepal, particularly involving couples of differing castes.

Islamic law traditionally has required four reliable muslim male witnesses or a confession in order to convict a man for rape (as an extension of the legal treatment of [[Zina|zina]]), though some modern legal approaches have sought to reduce this evidentiary burden. In some modern juristictions there is even a risk that a woman alleging rape can herself by prosecuted for slander or fornication if she lacks sufficient evidence, though this is not the position of most schools of traditional jurisprudence (see main article).

In 2004, a sixteen-year old girl, Atefeh Rajabi, was hanged in a public square in Iran. Rajabi was charged with adultery, although it had likely been a case of rape. 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.'<ref>Alasdair Palmer - [http://www.telegraph.co.uk/opinion/main.jhtml?xml=/opinion/2004/08/29/do2903.xml&sSheet=/portal/2004/08/29/ixportal.html Death and the maiden in Iran] - The Telegraph, August 29, 2004</ref>