Witness of woman The following statement in the Quran is thought to be the general rule for finiancial cases in
Islamic jurisprudence ; O believers! When you contract a loan for a fixed period of time, commit it to writing....with justice. Call upon two of your men to witness. If two men cannot be found, then one man and two women of your choice will witness so if one of the women forgets the other may remind her.
Property rights The Quran grants inheritance rights to wife, daughter, and sisters of the deceased. However, women's inheritance rights to her father's property are unequal to her male siblings, and varies based on number of sisters, stepsisters, stepbrothers, whether the mother is surviving, and other claimants. The Qur'an does not explicitly mention the shares of male relatives, such as the
decedent's son, but provides the rule that the son's share must be twice that of the daughter's. Muslim theologians explain this aspect of inheritance by looking at
Islamic law in its entirety, which bestows the responsibility and accountability on men to provide safety, protection and sustenance to women.[Qur'an 4:34]. A woman, according to Islamic tradition, does not have to give her pre-marriage possessions to her husband and receive a
mahr (dower) which she then owns. Furthermore, any earnings that a woman receives through employment or business, after marriage, is hers to keep and need not contribute towards family expenses. This is because, once the marriage is consummated, in exchange for
tamkin (sexual submission), a woman is entitled to
nafaqa—namely, the financial responsibility for reasonable housing, food and other household expenses for the family, including the spouse, falls entirely on the husband. Property rights enabled some Muslim women to possess substantial assets and fund charitable endowments. In mid-sixteenth century Istanbul, 36.8% of charitable endowments (awqāf) were founded by women. In eighteenth century Cairo, 126 out of 496 charitable foundations (25.4%) were endowed by women. Between 1770 and 1840, 241 out of 468 or 51% of charitable endowments in Aleppo were founded by women.
Bernard Lewis says that classical Islamic civilization granted free Muslim women relatively more property rights than women in the West, even as it sanctified three basic inequalities between master and slave, man and woman, believer and unbeliever. Even in cases where property rights were granted in the West, they were very limited and covered only upper-class women. Over time, while women's rights have improved elsewhere, those in many Muslim-dominated countries have remained comparatively restricted.
Sexual crimes and sins wedding ceremony in a mosque
Zina Zina is an
Islamic legal term referring to unlawful sexual intercourse. According to
traditional jurisprudence, zina can include adultery (of married parties), fornication (of unmarried parties), prostitution,
bestiality, and, according to some scholars, rape. Zina thus belong to the class of
hadd (pl.
hudud) crimes, which have Quranically specified punishments. Some contend that this
Sharia requirement of four eyewitnesses severely limits a man's ability to prove
zina charges against women, a crime often committed without eyewitnesses. Unlike the other legal schools or
Madhhabs the
Maliki legal school allows unmarried woman's pregnancy to be used as evidence, but the punishment can be averted by a number of legal "semblances" (
shubuhat), such as existence of an invalid marriage contract. Iran witnessed several highly publicized stonings for zina in the aftermath of the
Islamic revolution. While the harsher punishments of the
Hudood Ordinances have never been applied in Pakistan, in 2005
Human Rights Watch reported that over 200,000 zina cases against women were underway at various levels in Pakistan's legal system.
Qazf and Li'an In 'qazf' when someone accuses a chaste woman without four witnesses then he is to be punished with being flogged with eighty lashes. His testimony will become inadmissible forever unless he repents and improves (24:4–5) However, in 'lian', when the husband accuses the wife of adultery without witnesses, he have to swear five times each to support his case. If he takes oaths she is to be punished with
stoning unless she too takes oaths in similar way to support her case, her oaths are upheld over his and she will not be punished(24:6–9).
Rape Rape can be defined as: "Forcible illegal sexual intercourse by a man with a woman who is not legally married to him, without her free will and consent". Islamic primary law sources, like the legal systems of classical antiquity and the ancient Near East, does not contain a true equivalent of the modern
concept of rape, which based on the modern notions of individual inviolability of the body.
Classical jurisprudence, attempted to fill this gap by likening rape to defined crimes such as
adultery and
hirabah. However, some distinctions were made between rape and adultery. In the case of rape, the adult male perpetrator (i.e. rapist) of such an act is to receive the ḥadd zinā, but the non-consenting or invalidly consenting female (i.e. rape victim) is to be regarded as innocent of zinā and relieved of the ḥadd punishment. According to
Oliver Leaman, the required testimony of four male witnesses having seen the actual penetration applies to illicit sexual relations (i.e. adultery and fornication), not to rape.Rape charges can be brought and a case proven based on the sole testimony of the victim, providing that circumstantial evidence supports the allegations. ..... It (requirements for proof of rape as zina) happens either due to misinterpretation of the intricacies of the Sharia laws governing these matters, or cultural traditions; or due to corruption and blatant disregard of the law, or indeed some combination of these phenomena.
Domestic violence The relationship between Islam and domestic violence is disputed by some Islamic scholars. Some Muslims, such as
Islamic feminist groups, argue that Muslim men misuse the text as an excuse for
domestic violence. a chapter of Islam's sacred text entitled 'Women'featuring the Persian, Arabic, and Kufic scripts. There are a number of translations of this verse from the Arabic original, and all vary to some extent. The word ''w'aḍribūhunna'' in this verse which is understood as "beating" or "hitting" in English— is derived from the Arabic root word ḍaraba, which has over fifty derivations and definitions, including "to separate', "to oscillate" and "to play music". The common conservative interpretations translate and understand the word to mean as strike or beat in
this verse. Some scholars claim that Quran allows and domestic violence against women, when a husband suspects
nushuz (disobedience, disloyalty, rebellion, ill conduct) in his wife. Other scholars claim wife beating, for
nashizah, is not consistent with modern perspectives of Quran. Some conservative translations suggest Muslim husbands are permitted to use
light force on their wives, and others claim permissibly to strike them with a
Miswak and chastise them. and in a Sahih Hadith collected by Abu Dawud he instructed husbands to beat their wives, without severity (فَاضْرِبُوهُنَّ ضَرْبًا غَيْرَ مُبَرِّحٍ
fadribuhunna darban ghayra mubarrih; literal translation: "beat them, a beating without severity") When asked by Ibn Abbas, the cousin and companion of Muhammad, Ibn Abbas replied back: "I asked Ibn Abbas: 'What is the hitting that is Ghayr Al-Mubarrih (Without Severity) ?' He replied [with] the
siwak (
teeth-cleaning twig) and the like'. There have been several
fatwas and hadiths against domestic violence; The Lebanese educator and journalist 'Abd al-Qadir al-Maghribi argued that perpetrating acts of domestic violence goes against Muḥammad's own example and injunction. In his 1928 essay,
Muḥammad and Woman, al-Maghribi said: "He [Muḥammad] prohibited a man from beating his wife and noted that beating was not appropriate for the marital relationship between them". Muḥammad underlined the moral and logical inconsistency in beating one's wife during the day and then praising her at night as a prelude to conjugal relations.
Jonathan A.C. Brown gives some tendency examples across the Sunni schools of law on the 'Wife Beating Verse'.
Ata' bin Abi Rabah, counseled a husband not to beat his wife even if she ignored him but rather to express his anger in some other way.
Darimi, a teacher of both
Tirmidhi and
Muslim bin Hajjaj as well as a leading early scholar in Iran, collected all the Hadiths showing Muhammad's disapproval of beating in a chapter entitled 'The Prohibition on Striking Women'. A thirteenth-century scholar from Granada, Ibn Faras, notes that one camp of ulama had staked out a stance forbidding striking a wife altogether, declaring it contrary to Muhammad's example and denying the authenticity of any Hadiths that seemed to permit beating. Even
Ibn Hajar, the pillar of late medieval Sunni Hadith scholarship, concludes that, contrary to what seems to be an explicit command in the Quran, the hadiths of Muhammad leave no doubt that striking one's wife to discipline her actually falls under the Sharia ruling of 'strongly disliked' or 'disliked verging on prohibited. In recent years, numerous prominent scholars in the tradition of "orthodox Islam" have issued fatwas (legal opinions) against domestic violence. These include
Muhammad Asad, the Shī'ite scholar
Mohammed Hussein Fadlallah, who promulgated a fatwa on the occasion of the International Day for the Elimination of Violence Against Women in 2007, which states that Islam forbids men from exercising any form of violence against women; Shakyh
Muhammad Hisham Kabbani, the Chairman of the Islamic Supreme Council of America, who co-authored
The Prohibition of Domestic Violence in Islam (2011) with Homayra Ziad; and
Cemalnur Sargut, the president of the Turkish Women's Cultural Association (TÜRKKAD), who has stated that men who engage in domestic violence "in a sense commit polytheism (
shirk)": "Such people never go on a diet to curb the desires of their ego...[Conversely] In his
Mathnawi Rumi says love for women is because of witnessing Allah as reflected in the mirror of their being. According to
tasawwuf, woman is the light of Allah's beauty shed onto this earth. Again in [the]
Mathanawi Rumi says a man who is wise and fine-spirited is understanding and compassionate towards a woman, and never wants to hurt or injure her."
Current status In practice, the legal doctrine of many Islamic nations, in deference to Sharia law, have refused to include, consider or prosecute cases of domestic violence, limiting legal protections available to Muslim women. In 2010, for example, the highest court of United Arab Emirates (Federal Supreme Court) considered a lower court's ruling, and upheld a husband's right to "chastise" his wife and children with physical violence. Article 53 of the United Arab Emirates' penal code acknowledges the right of a "chastisement by a husband to his wife and the chastisement of minor children" so long as the assault does not exceed the limits prescribed by Sharia. In Lebanon, as many as three-quarters of all Lebanese women have suffered physical abuse at the hands of husbands or male relatives at some point in their lives. In Afghanistan, over 85% of women report domestic violence; other nations with very high rates of domestic violence and limited legal rights include Syria, Pakistan, Egypt, Morocco, Iran, Yemen and Saudi Arabia. In some Islamic countries such as Turkey, where legal protections against domestic violence have been enacted, serial domestic violence by husband and other male members of her family is mostly ignored by witnesses and accepted by women without her getting legal help, according to a Government of Turkey report. cafeteria Turkey was the first country in Europe to ratify (on March 14, 2012) the Council of Europe
Convention on preventing and combating violence against women and domestic violence, which is known as the Istanbul Convention because it was first opened for signature in Turkey's largest city (on May 11, 2011). In 2021, Turkey became the first and only country to withdraw from the convention, after denouncing it on 20 March 2021. Three other European countries with a significant (≥c.20%) Muslim population—Albania, Bosnia and Herzegovina, and Montenegro—have also ratified the convention, while Macedonia is a signatory to the document. The aim of the convention is to create a Europe free from violence against women and domestic violence. On December 10, 2014, the Serbian-Turkish pop star
Emina Jahović released a video clip entitled
Ne plašim se ("I'm not scared") to help raise awareness of domestic violence in the Balkans.
Ne plašim se highlighted the link between alcohol consumption and domestic abuse. The film's release date was timed to coincide with the United Nations' Human Rights Day. In the United States, a recent 2017 study done by the Institute for Social Policy and Understanding found that, "Domestic violence occurs in the Muslim community as often as it does in Christian and non-affiliated communities, but Muslim victims are more likely to involve faith leaders". Data from the study demonstrates that among American Muslims 13% of those surveyed said they knew someone in their faith community who was a victim of domestic violence, a number similar to that of Catholics (15%), Protestants (17%), of non-affiliated (14%), and even the general public (15%). Among Americans Muslims who knew of a domestic violence incident in the past year, the percentage of them who said the crime was reported to law enforcement (50%) is comparable to other groups and the general public as well. American Muslim respondents reported that a faith leader was informed of the domestic violence about half the time, a significantly higher rate than any other faith group surveyed in the poll. == Female education ==