A Woman Under Sharia: < > 8 Reasons Why Islamic L
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A Woman Under Sharia: < >
8 Reasons Why Islamic Law Endangers Women
1. Under Sharia, Wives Can Be Beaten.
Whereas under Western laws women and men are equal, under Sharia women are not equal to men, but are considered inferior. Women are the object of many disparaging remarks in the earliest Islamic source texts, which form the basis for Sharia. For example, according to Q 4:34, husbands are allowed to beat their wives if they “fear disobedience” (which implies that actual disobedience need not occur for the beating to be justified):
Men are the managers of the affairs of women for that God has preferred in bounty one of them over another, and for that they have expended of their property. Righteous women are therefore obedient, guarding the secret for God’s guarding. And those you fear may be rebellious admonish; banish them to their couches, and beat them. If they then obey you, look not for any way against them; God is All-high, All-great.
That wife-beating is permissible given (imagined or real) behavioral misconduct on the part of the wife is also found in Muḥammad’s so-called “Farewell Address” or “Last Sermon,” which has been preserved in Ibn Isḥāq’s Sīra, the oldest and most reliable biography of Muḥammad that we possess.[1]
2. Under Sharia, Females Enjoy Fewer Rights than Males.
According to Q 2:282, the testimony of a woman is worth only half that of a man’s:
And bring to witness two witnesses from among your men. And if there are not two men [available], then a man and two women from those whom you accept as witnesses – so that if one of the women errs, then the other can remind her.
According to Q 4:11 and Q 4:176, a woman may inherit only half as much as her male brother does. Furthermore, as Professor Samīr Khalīl Samīr, a native Arabic speaker with two doctorates and the former adviser to Pope Benedict XVI on Islam and the Middle East, explains, under Sharia “in a [religiously] mixed marriage [where the wife is non-Muslim], the wife legally loses the right to her husband’s inheritance if she does not convert to Islam.”[2]
3. Under Sharia, Marriage and Sexual Intercourse with Pre-Pubescent Girls is Permissible.
According to Q 65:4, sexual relations with females who have not yet had their menstrual cycle (i.e., pre-pubescent girls) are permissible. The verse is found in the sixty-fifth chapter of al-Talāq (Divorce), which begins by stating that “when you divorce women, divorce them when they have reached (the end of) their waiting period (ʿidda); a waiting period or ʿidda is a certain amount of time that a Muslim man is supposed to wait before marrying a divorced woman, so as to make sure that she is not pregnant from her previous husband.”[3] It is in this context that we are to read Q 65:4, which states the following:
(As for) those of your women who have no hope of (further) menstruation: if you are in doubt, their waiting period is three months, and (also for) those who have not (yet) menstruated” [emphasis added].
Sayyid Qutb, the late prominent theoretician of the Muslim Brotherhood, explains in his renowned commentary on the Qur’ān (In the Shadow of the Qur’ān) that [Q 65:4] is referring to “women who are past the menopause and those who do not as yet have a menstrual cycle because they have not attained puberty or because of a malfunction in their system” [emphasis added].[4]
Thus, in the context of this Qur’ānic chapter on divorce, it seems that this verse is stating that Muslim men (or husbands) are to wait three months before divorcing pre-pubescent girls (for the reason of making sure that young and apparently borderline post-pubescent girls are not pregnant; cf. Q 2:228). This is not just some interpretation that modern Islamists like Sayyid Qutb came up with; rather, such an interpretation of Q 65:4 is mentioned at least as far back as al-Tabarī (839 – 923), one of our oldest and most important sources of early Islam.
Furthermore, the Andalusian Malikī jurisprudent and philosopher, Ibn Rushd (1126 – 1198), known to the West as “Averroes,” confirms the permissibility of having sexual relations with pre-pubescent girls in his legal handbook, Bidāyat al-Mujtahid wa Nihāyat al-Muqtaṣid (literally, “the beginning for him who interprets the sources independently and the end for him who wishes to limit himself”). In this work, and under the section entitled “the Waiting Period for Wives,” he states the following: “the divorced woman whose marriage stands consummated may or may not be one who menstruates. If she does not menstruate, she may be a minor or beyond the age of menstruation.[5]”
It should be noted here that one of the most renowned Muslim figures of all times is unequivocally implying that marriage and sexual relations with pre-pubescent girls in Islam are licit.
4. Under Sharia, Wives do not Share the Same Divorce Rights as Their Husbands.
Under Sharia, a husband can divorce his wife simply by stating, “you are divorced” three times in the presence of two adult mentally sound males, without even having to justify his decision, and he will retain custody of any children. In this connection, Professor Samir states that “the most absurd thing is that if the husband later repents of his decision [of divorce] and wants to ‘recover’ his wife [for the third time], she must first marry another man who in his turn will repudiate her (Q 2:229-30).”[6] By contrast, no such power is given to the wife.
5. Under Sharia, Female Rulers are Frowned Upon.
Sharia frowns upon female rulers. This originates from a ḥadīth in Sahih al-Bukhari, the most trusted Muslim aḥadīth , where Muhammad, upon hearing the news that the people of Persia had made the daughter of Khosrau their Queen, states: “Never will succeed such a nation as makes a woman their ruler.”[7] Indeed, this is one of the reasons that is often cited for why women cannot be caliphs.[8] Although this is what Sharia teaches in theory, the practicalities of life give rise to some exceptions. In the Muslim world you did occasionally have female rulers like Shajarat al-Durr (d. 1257) who ruled Egypt in Medieval times. In more recent times, Benazir Bhutto won the elections in Pakistan and became Prime Minister of that country for two non-consecutive terms (1988-90, and 1993-96). So did Shikha Hasina, who won elections three times and is currently the Prime Minister of Bangladesh.
6. Under Sharia, Wives Should be Subservient to their Husbands.
Under Sharia, a husband has absolute authority over his wife. As Professor Samir remarks: “A man can forbid his wife to go out from the home, even to go to the mosque, since in a ḥadīth Muḥammad tells a woman that her prayer has no value if it is done without her husband’s permission.”[9] This is confirmed by The Reliance of the Traveler, an authoritative fourteenth-century Shafiʿī legal manual written by Ahmad ibn Naqib al-Misrī (1302 – 1367). The manual states that “a woman may not leave the city without her husband or a member of her unmarriageable kin….accompanying her, unless the journey is obligatory, like the hajj. It is unlawful for her to travel otherwise, and unlawful for her husband to allow her.”[10]
Furthermore, under Sharia, polygyny is allowed, for Q 4:3 explicitly permits Muslim men to marry “what seems good to you of the women: two, or three, or four.”[11] Because of this verse, till this day in many Muslim countries it is permissible for a man to marry more than one wife.
Regardless of whether this custom was deemed to be socially acceptable by the seventh-century standards of Arabia, today only the very rare wife would find it permissible for her husband to marry another woman, let alone two or three more, even if she keeps her status as first wife.
7. Under Sharia, Women are Deemed Lacking in Faith and Intelligence.
As students of Islam know very well, Sharia does not just draw from Qur’ānic verses for its oppressive view of women. For it also draws on the aḥadīth (the so-called sayings of Muḥammad). In one such hadīth from Sahīh Al-Bukhārī, the most authoritative Sunni collection of ahādīth, Muḥammad states that the majority of the dwellers of hellfire are women, that women curse frequently and are ungrateful to their husbands, and, famously, that women are “deficient in intelligence and religion.” The full hadīth is as follows:
Once Allah’s Messenger [i.e., Muḥammad] went out to the Muṣalla [place of prayer] (to offer the prayer) of `Id-al-Adha or Al-Fitr prayer. Then he passed by the women and said, “O women! Give alms, as I have seen that the majority of the dwellers of Hell-fire were you (women).” They asked, “Why is it so, O Allah’s Messenger?” He replied, “You curse frequently and are ungrateful to your husbands. I have not seen anyone more deficient in intelligence and religion than you. A cautious sensible man could be led astray by some of you.” The women asked, “O Allah’s Messenger! What is deficient in our intelligence and religion?” He said, “Is not the evidence of two women equal to the witness of one man?” They replied in the affirmative. He said, “This is the deficiency in her intelligence. Isn’t it true that a woman can neither pray nor fast during her menses?” The women replied in the affirmative. He said, “This is the deficiency in her religion [emphases added].”
Fundamentalist Muslims the world over insist on accepting this ḥadīth, which is virtually universally accepted as authentic or ṣahīh by even moderate Muslim scholars (who generally view just about everything in the collection of al-Bukahrī as authentic). Such aḥadīth have been a source of great injustice to women living in majority-Muslim countries.
8. Under Sharia, Raping Female Captives is Permissible.
What is particularly egregious in Sharia is that warriors are permitted to capture the women of “infidels” and use them for their sexual gratification. According to Q 4:3, Q 4:24, Q 23:5-6, Q 70:22-30, having female slaves, “those whom your right hand possess” (ما ملكت ايمانكم, transliterated as ma malikat aymānikum), is permissible.
Furthermore, interpreting ma malikat aymānikum as “female slaves” is not something that, pace Western-Muslim apologists, is only advanced by so-called Islamophobes. Our earliest tafsīr (Qur’ānic exegesis), the tafsīr of Muqātil Ibn Sulaymān, states that ma malikat aymānikum means walā’id (ولائد), which denotes female slaves.[12] This view has been held by many mufasirīn (exegetes) since medieval times, and A.J. Droge’s recent 2013 scholarly translation of the Qur’ān, which is, in my opinion, the best English translation around, explains the phrase “those whom your right hand possess” as straightforwardly referring to female slaves.
Having female slaves, Droge explains, is permissible even when the (Muslim) male is married.[13] Indeed, the Qur’ān contrasts female slaves with married women a few times, clearly demonstrating female slaves were not considered to be wives. There can be no doubt that in using the term ma malikat aymānikum, the Qur’ān is here referring to females who have been captured during war for the sexual gratification of their male captors. Indeed, reading Ibn Iṣhāq’s Sīrat Rasūl Allāh, we can discern that Muhammad himself took female concubines and permitted his warriors to do likewise as well.
Ibn Iṣhāq tells us that after Muhammad had 600 to 900 adult Jewish men of the tribe of Banu Qurayẓa beheaded and thrown into trenches for alleged treason, he “divided the property, wives, and children of b. Qurayẓa among the Muslims.” Ibn Iṣhāq further relates that “the apostle sent Saʿd b. Zayd al-Anṣār brother of ‘Abdu’l-Ashhal with some of the captive women of B. Qurayẓa to Najd and he sold them for horses and weapons [emphasis added].”[14]
Hence, according to Ibn Isḥāq, Muhammad enslaved women and sanctioned their being sold off (not much different from what ISIS militants are doing today with Yazidi women, no doubt modeling themselves after the Muhammad of the early Islamic sources). Furthermore, Ibn Iṣhāq tells us that “the apostle had chosen one of [the women of the tribe of B. Qurayẓa] for himself.”[15] In other words, Muhammad, the prophet of Islam, was himself taking female captives for his own sexual gratification.
We also read in the Sīra about what is ostensibly Muḥammad’s aggressive attack against the Jews of Khaybar (a Jewish-settled oasis about ninety-five miles north of Medina).[16] Ibn Iṣhāq reports on the authority of one ʿAbdullah b. Abū Najīḥ that on the day of the conquest of Khaybar, Muḥammad prohibited his fighters from having “carnal intercourse with pregnant women who were captured.”[17] The implicature of this prohibition is that carnal intercourse with non-pregnant women who were captured was permissible.
Furthermore, we read in Ibn Iṣhāq that “the women of Khaybar were distributed among the Muslims.”[18] That is, according to our earliest and best source on Muḥammad’s life, Muhammad sanctioned the sexual use of female slaves, or “those who you right hand possess,” to use Qur’ānic terminology.
In addition, when one reads the relatively early Islamic sources, one gleans that in the battle of Khaybar, Muḥammad himself had sexual intercourse with a captured woman, Ṣafiyyah bint Huyyay (Safiyyah, daughter of Huyyay), whose father Muḥammad had ordered killed, either the same night that he had her husband killed at Khaybar, or shortly thereafter on the way to Wādī al-Qurā (a “valley” which is located close to Khaybar).[19]
8 Reasons Why Islamic Law Endangers Women
1. Under Sharia, Wives Can Be Beaten.
Whereas under Western laws women and men are equal, under Sharia women are not equal to men, but are considered inferior. Women are the object of many disparaging remarks in the earliest Islamic source texts, which form the basis for Sharia. For example, according to Q 4:34, husbands are allowed to beat their wives if they “fear disobedience” (which implies that actual disobedience need not occur for the beating to be justified):
Men are the managers of the affairs of women for that God has preferred in bounty one of them over another, and for that they have expended of their property. Righteous women are therefore obedient, guarding the secret for God’s guarding. And those you fear may be rebellious admonish; banish them to their couches, and beat them. If they then obey you, look not for any way against them; God is All-high, All-great.
That wife-beating is permissible given (imagined or real) behavioral misconduct on the part of the wife is also found in Muḥammad’s so-called “Farewell Address” or “Last Sermon,” which has been preserved in Ibn Isḥāq’s Sīra, the oldest and most reliable biography of Muḥammad that we possess.[1]
2. Under Sharia, Females Enjoy Fewer Rights than Males.
According to Q 2:282, the testimony of a woman is worth only half that of a man’s:
And bring to witness two witnesses from among your men. And if there are not two men [available], then a man and two women from those whom you accept as witnesses – so that if one of the women errs, then the other can remind her.
According to Q 4:11 and Q 4:176, a woman may inherit only half as much as her male brother does. Furthermore, as Professor Samīr Khalīl Samīr, a native Arabic speaker with two doctorates and the former adviser to Pope Benedict XVI on Islam and the Middle East, explains, under Sharia “in a [religiously] mixed marriage [where the wife is non-Muslim], the wife legally loses the right to her husband’s inheritance if she does not convert to Islam.”[2]
3. Under Sharia, Marriage and Sexual Intercourse with Pre-Pubescent Girls is Permissible.
According to Q 65:4, sexual relations with females who have not yet had their menstrual cycle (i.e., pre-pubescent girls) are permissible. The verse is found in the sixty-fifth chapter of al-Talāq (Divorce), which begins by stating that “when you divorce women, divorce them when they have reached (the end of) their waiting period (ʿidda); a waiting period or ʿidda is a certain amount of time that a Muslim man is supposed to wait before marrying a divorced woman, so as to make sure that she is not pregnant from her previous husband.”[3] It is in this context that we are to read Q 65:4, which states the following:
(As for) those of your women who have no hope of (further) menstruation: if you are in doubt, their waiting period is three months, and (also for) those who have not (yet) menstruated” [emphasis added].
Sayyid Qutb, the late prominent theoretician of the Muslim Brotherhood, explains in his renowned commentary on the Qur’ān (In the Shadow of the Qur’ān) that [Q 65:4] is referring to “women who are past the menopause and those who do not as yet have a menstrual cycle because they have not attained puberty or because of a malfunction in their system” [emphasis added].[4]
Thus, in the context of this Qur’ānic chapter on divorce, it seems that this verse is stating that Muslim men (or husbands) are to wait three months before divorcing pre-pubescent girls (for the reason of making sure that young and apparently borderline post-pubescent girls are not pregnant; cf. Q 2:228). This is not just some interpretation that modern Islamists like Sayyid Qutb came up with; rather, such an interpretation of Q 65:4 is mentioned at least as far back as al-Tabarī (839 – 923), one of our oldest and most important sources of early Islam.
Furthermore, the Andalusian Malikī jurisprudent and philosopher, Ibn Rushd (1126 – 1198), known to the West as “Averroes,” confirms the permissibility of having sexual relations with pre-pubescent girls in his legal handbook, Bidāyat al-Mujtahid wa Nihāyat al-Muqtaṣid (literally, “the beginning for him who interprets the sources independently and the end for him who wishes to limit himself”). In this work, and under the section entitled “the Waiting Period for Wives,” he states the following: “the divorced woman whose marriage stands consummated may or may not be one who menstruates. If she does not menstruate, she may be a minor or beyond the age of menstruation.[5]”
It should be noted here that one of the most renowned Muslim figures of all times is unequivocally implying that marriage and sexual relations with pre-pubescent girls in Islam are licit.
4. Under Sharia, Wives do not Share the Same Divorce Rights as Their Husbands.
Under Sharia, a husband can divorce his wife simply by stating, “you are divorced” three times in the presence of two adult mentally sound males, without even having to justify his decision, and he will retain custody of any children. In this connection, Professor Samir states that “the most absurd thing is that if the husband later repents of his decision [of divorce] and wants to ‘recover’ his wife [for the third time], she must first marry another man who in his turn will repudiate her (Q 2:229-30).”[6] By contrast, no such power is given to the wife.
5. Under Sharia, Female Rulers are Frowned Upon.
Sharia frowns upon female rulers. This originates from a ḥadīth in Sahih al-Bukhari, the most trusted Muslim aḥadīth , where Muhammad, upon hearing the news that the people of Persia had made the daughter of Khosrau their Queen, states: “Never will succeed such a nation as makes a woman their ruler.”[7] Indeed, this is one of the reasons that is often cited for why women cannot be caliphs.[8] Although this is what Sharia teaches in theory, the practicalities of life give rise to some exceptions. In the Muslim world you did occasionally have female rulers like Shajarat al-Durr (d. 1257) who ruled Egypt in Medieval times. In more recent times, Benazir Bhutto won the elections in Pakistan and became Prime Minister of that country for two non-consecutive terms (1988-90, and 1993-96). So did Shikha Hasina, who won elections three times and is currently the Prime Minister of Bangladesh.
6. Under Sharia, Wives Should be Subservient to their Husbands.
Under Sharia, a husband has absolute authority over his wife. As Professor Samir remarks: “A man can forbid his wife to go out from the home, even to go to the mosque, since in a ḥadīth Muḥammad tells a woman that her prayer has no value if it is done without her husband’s permission.”[9] This is confirmed by The Reliance of the Traveler, an authoritative fourteenth-century Shafiʿī legal manual written by Ahmad ibn Naqib al-Misrī (1302 – 1367). The manual states that “a woman may not leave the city without her husband or a member of her unmarriageable kin….accompanying her, unless the journey is obligatory, like the hajj. It is unlawful for her to travel otherwise, and unlawful for her husband to allow her.”[10]
Furthermore, under Sharia, polygyny is allowed, for Q 4:3 explicitly permits Muslim men to marry “what seems good to you of the women: two, or three, or four.”[11] Because of this verse, till this day in many Muslim countries it is permissible for a man to marry more than one wife.
Regardless of whether this custom was deemed to be socially acceptable by the seventh-century standards of Arabia, today only the very rare wife would find it permissible for her husband to marry another woman, let alone two or three more, even if she keeps her status as first wife.
7. Under Sharia, Women are Deemed Lacking in Faith and Intelligence.
As students of Islam know very well, Sharia does not just draw from Qur’ānic verses for its oppressive view of women. For it also draws on the aḥadīth (the so-called sayings of Muḥammad). In one such hadīth from Sahīh Al-Bukhārī, the most authoritative Sunni collection of ahādīth, Muḥammad states that the majority of the dwellers of hellfire are women, that women curse frequently and are ungrateful to their husbands, and, famously, that women are “deficient in intelligence and religion.” The full hadīth is as follows:
Once Allah’s Messenger [i.e., Muḥammad] went out to the Muṣalla [place of prayer] (to offer the prayer) of `Id-al-Adha or Al-Fitr prayer. Then he passed by the women and said, “O women! Give alms, as I have seen that the majority of the dwellers of Hell-fire were you (women).” They asked, “Why is it so, O Allah’s Messenger?” He replied, “You curse frequently and are ungrateful to your husbands. I have not seen anyone more deficient in intelligence and religion than you. A cautious sensible man could be led astray by some of you.” The women asked, “O Allah’s Messenger! What is deficient in our intelligence and religion?” He said, “Is not the evidence of two women equal to the witness of one man?” They replied in the affirmative. He said, “This is the deficiency in her intelligence. Isn’t it true that a woman can neither pray nor fast during her menses?” The women replied in the affirmative. He said, “This is the deficiency in her religion [emphases added].”
Fundamentalist Muslims the world over insist on accepting this ḥadīth, which is virtually universally accepted as authentic or ṣahīh by even moderate Muslim scholars (who generally view just about everything in the collection of al-Bukahrī as authentic). Such aḥadīth have been a source of great injustice to women living in majority-Muslim countries.
8. Under Sharia, Raping Female Captives is Permissible.
What is particularly egregious in Sharia is that warriors are permitted to capture the women of “infidels” and use them for their sexual gratification. According to Q 4:3, Q 4:24, Q 23:5-6, Q 70:22-30, having female slaves, “those whom your right hand possess” (ما ملكت ايمانكم, transliterated as ma malikat aymānikum), is permissible.
Furthermore, interpreting ma malikat aymānikum as “female slaves” is not something that, pace Western-Muslim apologists, is only advanced by so-called Islamophobes. Our earliest tafsīr (Qur’ānic exegesis), the tafsīr of Muqātil Ibn Sulaymān, states that ma malikat aymānikum means walā’id (ولائد), which denotes female slaves.[12] This view has been held by many mufasirīn (exegetes) since medieval times, and A.J. Droge’s recent 2013 scholarly translation of the Qur’ān, which is, in my opinion, the best English translation around, explains the phrase “those whom your right hand possess” as straightforwardly referring to female slaves.
Having female slaves, Droge explains, is permissible even when the (Muslim) male is married.[13] Indeed, the Qur’ān contrasts female slaves with married women a few times, clearly demonstrating female slaves were not considered to be wives. There can be no doubt that in using the term ma malikat aymānikum, the Qur’ān is here referring to females who have been captured during war for the sexual gratification of their male captors. Indeed, reading Ibn Iṣhāq’s Sīrat Rasūl Allāh, we can discern that Muhammad himself took female concubines and permitted his warriors to do likewise as well.
Ibn Iṣhāq tells us that after Muhammad had 600 to 900 adult Jewish men of the tribe of Banu Qurayẓa beheaded and thrown into trenches for alleged treason, he “divided the property, wives, and children of b. Qurayẓa among the Muslims.” Ibn Iṣhāq further relates that “the apostle sent Saʿd b. Zayd al-Anṣār brother of ‘Abdu’l-Ashhal with some of the captive women of B. Qurayẓa to Najd and he sold them for horses and weapons [emphasis added].”[14]
Hence, according to Ibn Isḥāq, Muhammad enslaved women and sanctioned their being sold off (not much different from what ISIS militants are doing today with Yazidi women, no doubt modeling themselves after the Muhammad of the early Islamic sources). Furthermore, Ibn Iṣhāq tells us that “the apostle had chosen one of [the women of the tribe of B. Qurayẓa] for himself.”[15] In other words, Muhammad, the prophet of Islam, was himself taking female captives for his own sexual gratification.
We also read in the Sīra about what is ostensibly Muḥammad’s aggressive attack against the Jews of Khaybar (a Jewish-settled oasis about ninety-five miles north of Medina).[16] Ibn Iṣhāq reports on the authority of one ʿAbdullah b. Abū Najīḥ that on the day of the conquest of Khaybar, Muḥammad prohibited his fighters from having “carnal intercourse with pregnant women who were captured.”[17] The implicature of this prohibition is that carnal intercourse with non-pregnant women who were captured was permissible.
Furthermore, we read in Ibn Iṣhāq that “the women of Khaybar were distributed among the Muslims.”[18] That is, according to our earliest and best source on Muḥammad’s life, Muhammad sanctioned the sexual use of female slaves, or “those who you right hand possess,” to use Qur’ānic terminology.
In addition, when one reads the relatively early Islamic sources, one gleans that in the battle of Khaybar, Muḥammad himself had sexual intercourse with a captured woman, Ṣafiyyah bint Huyyay (Safiyyah, daughter of Huyyay), whose father Muḥammad had ordered killed, either the same night that he had her husband killed at Khaybar, or shortly thereafter on the way to Wādī al-Qurā (a “valley” which is located close to Khaybar).[19]
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