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Qur'an, Hadith and

Scholars:Violence
Against Women

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Beating your Wives is Allowed

Main Article: Qur'an, Hadith and

Scholars:Wife Beating

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.
Quran 4:34

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.
Sunan Abu Dawud 11:2142

It was narrated that Iyas bin 'Abdullah bin

Abu Dhubab said: "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)
Sunan Ibn Majah 3:9:1985

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.
 What are the rights of the husband and what are
the rights of the wife?
Sheikh Muhammed Salih Al-Munajjid, Islam
Q&A, Fatwa No. 10680

Kill Woman Guilty of Lewdness by

Starvation

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.
Quran 4:15
Female Circumcision is Allowed and
Prescribed

Main Article: Qur'an, Hadith and

Scholars:Female Genital Mutilation

Abu al- Malih ibn `Usama's father relates

that the Prophet said: "Circumcision is a
law for men and a preservation of
honour for women."
Ahmad Ibn Hanbal 5:75; Abu Dawud, Adab 167.

Firstly:

Circumcision is not an inherited custom

as some people claim, rather it is
prescribed in Islam and the scholars are
unanimously agreed that it is prescribed.
Not a single Muslim scholar – as far as
we know – has said that circumcision is
not prescribed.

Their evidence is to be found in the

saheeh ahaadeeth of the Prophet (peace
and blessings of Allaah be upon him),
which prove that it is prescribed, for
example:

1-
The hadeeth narrated by al-Bukhaari
(5889) and Muslim (257) from Abu
Hurayrah (may Allaah be pleased with
him), that the Prophet (peace and
blessings of Allaah be upon him) said:
"The fitrah is five things – or five things
are part of the fitrah – circumcision,
shaving the pubes, cutting the nails,
plucking the armpit hairs, and trimming
the moustache."

This hadeeth includes circumcision of

both males and females.

2-
Muslim (349) narrated that ‘Aa’ishah
(may Allaah be pleased with her) said:
The Messenger of Allaah (peace and
blessings of Allaah be upon him) said:
“When a man sits between the four parts
(arms and legs of his wife) and the two
circumcised parts meet, then ghusl is
obligatory.”

The Prophet (peace and blessings of

Allaah be upon him) mentioned the two
circumcised parts, i.e., the circumcised
part of the husband and the circumcised
part of the wife, which indicates that a
woman may be circumcised just like a
man.

3-

Abu Dawood (5271) narrated from Umm

‘Atiyyah al-Ansaariyyah that a woman
used to do circumcisions in Madeenah
and the Prophet (peace and blessings of
Allaah be upon him) said to her: “Do not
go to the extreme in cutting; that is
better for the woman and more liked by
the husband.” But the scholars differed
concerning this hadeeth. Some of them
classed it as da’eef (weak) and others
classed it as saheeh. It was classed as
saheeh by al-Albaani in Saheeh Abi
Dawood. The fact that circumcision for
women is prescribed in Islam is
confirmed by the ahaadeeth quoted
above, not by this disputed hadeeth. But
the scholars differed concerning the
ruling, and there are three opinions:

1 – That it is obligatory for both males

and females. This is the view of the
Shaafa’is and Hanbalis, and is the view
favoured by al-Qaadi Abu Bakr ibn
al-‘Arabi among the Maalikis (may Allaah
have mercy on them all).

Al-Nawawi (may Allaah have mercy on

him) said in al-Majmoo’ (1/367):
Circumcision is obligatory for both men
and women in our view. This is the view
of many of the salaf, as was narrated by
al-Khattaabi. Among those who regarded
it as obligatory is Ahmad… it is the
correct view that is well known and was
stated by al-Shaafa’i (may Allaah have
mercy on him), and the majority stated
definitively that it is obligatory for both
men and women. end quote.

See Fath al-Baari, 10/340; Kishshaaf al-

Qinaa’, 1/80

2 – That circumcision is Sunnah for both

males and females. This is the view of
the Hanafis and Maalikis, and was
narrated in one report from Ahmad. Ibn
‘Aabideen al-Hanafi (may Allaah have
mercy on him) said in his Haashiyah
(6/751): In Kitaab al-Tahaarah of al-Siraaj
al-Wahhaaj it says: Know that
circumcision is Sunnah in our view – i.e.,
according to the Hanafis – for men and
for women. end quote.

See: Mawaahib al-Jaleel, 3/259

3 – That circumcision is obligatory for

men and is good and mustahabb for
women. This is the third view of Imam
Ahmad, and it is the view of some
Maalikis such as Sahnoon. This view
was also favoured by al-Muwaffaq ibn
Qudaamah in al-Mughni.

See: al-Tamheed, 21/60; al-Mughni, 1/63

It says in Fataawa al-Lajnah al-Daa’imah
(5/223):

Circumcision is one of the Sunnahs of

the fitrah, and it is for both males and
females, except that is it obligatory for
males and Sunnah and good in the case
of women. End quote

Thus it is clear that the fuqaha’ of Islam

are agreed that circumcision is
prescribed for both males and females,
and in fact the majority of them are of
the view that it is obligatory for both. No
one said that it is not prescribed or that it
is makrooh or haraam.

Secondly:

With regard to the criticism of

circumcision by some doctors, and their
claim that it is harmful both physically
and psychologically,

This criticism of theirs is not valid. It is

sufficient for us Muslims that something
be proven to be from the Prophet (peace
and blessings of Allaah be upon him),
then we will follow it, and we are certain
that it is beneficial and not harmful. If it
were harmful, Allaah and His Messenger
(peace and blessings of Allaah be upon
him) would not have prescribed it for us.

In the answer to question no. 45528 we

have mentioned some of the medical
benefits of circumcision for women,
quoting from some doctors.

Thirdly:

We would add here the fatwas of some

modern scholars who have responded to
this war that has been launched against
female circumcision on the grounds that
it is harmful to health.

Shaykh Jaad al-Haqq ‘Ali Jaad al-Haqq,

the former Shaykh of al-Azhar, said:

Hence the fuqaha’ of all madhhabs are

agreed that circumcision for both men
and woman is part of the fitrah of Islam
and one of the symbols of the faith, and
it is something praiseworthy. There is no
report from any of the Muslim fuqaha’,
according to what we have studied in
their books that are available to us, to
say that circumcision is forbidden for
men or women, or that it is not
permissible, or that it is harmful for
females, if it is done in the manner that
the Prophet (peace and blessings of
Allaah be upon him) taught to Umm
Habeebah in the report quoted above.

Then he said:

From the above it is clear that the

circumcision of girls – which is the topic
under discussion here – is part of the
fitrah of Islam, and the way it is to be
done is the method that the Messenger
of Allaah (peace and blessings of Allaah
be upon him) explained. It is not right to
abandon his teachings for the view of
anyone else, even if that is a doctor,
because medicine is knowledge and
knowledge is always developing and
changing. End quote.

In the fatwa of Shaykh ‘Atiyah Saqar –

the former heard of the Fatwa
Committee in al-Azhar – it says:

The calls which urge the banning of

female circumcision are call that go
against Islam, because there is no clear
text in the Qur’aan or Sunnah and there is
no opinion of the fuqaha’ that says that
female circumcision is haraam. Female
circumcision is either obligatory or
recommended. Even though there is a
fiqhi principle which says that the decree
of a ruler may put an end to a dispute
regarding controversial matters, the
decree of the ruler in this case cannot be
but either of two things: that it is either
obligatory or recommended, and it is not
correct to issue a decree banning it, so
as not to go against sharee’ah which is
the principal source of legislation in our
land, whose constitution states that
Islam is the official religion of the
country. It is permissible to issue some
legislation that provides guidelines for
performing this procedure (female
circumcision) in the proper manner in
such a way that does not contradict the
rulings of sharee’ah.

The words of the doctors and others are

not definitive. Scientific discoveries are
still opening doors every day which
change our old perceptions. End quote.

In the fatwa of Dar al-Ifta’ al-Misriyyah

(6/1986) it says:
Thus it is clear that female circumcision
is prescribed in Islam, and that it is one
of the Sunnahs of the fitrah and it has a
good effect of moderating the
individual’s behaviour. As for the
opinions of doctors who say that female
circumcision is harmful, these are
individual opinions which are not derived
from any agreed scientific basis, and
they do not form an established
scientific opinion. They acknowledge
that the rates of cancer among
circumcised men are lower than among
those who are not circumcised, and
some of these doctors clearly
recommend that circumcision should be
done by doctors and not these ignorant
women, so that the operation will be safe
and there will be no negative
consequences. However, medical
theories about disease and the way to
treat it are not fixed, rather they change
with time and with ongoing research. So
it is not correct to rely on them when
criticizing circumcision which the Wise
and All-Knowing Lawgiver has decreed in
His wisdom for mankind. Experience has
taught us that the wisdom behind some
 rulings and Sunnahs may be hidden from
us. May Allaah help us all to follow the
right path. End quote.
Circumcision of girls and some doctors’
criticism thereof
Islam Q&A, Fatwa No. 60314

Killing Women and Children is Allowed

as "Collateral Damage"

Narrated As-Sab bin Jaththama: The

Prophet passed by me at a place called
Al-Abwa or Waddan, and was asked
whether it was permissible to attack the
pagan warriors at night with the
probability of exposing their women and
children to danger. The Prophet replied,
"They (i.e. women and children) are from
them (i.e. pagans)." I also heard the
Prophet saying, "The institution of Hima
is invalid except for Allah and His
Apostle."
Sahih Bukhari 4:52:256

It is narrated by Sa'b b. Jaththama that

he said (to the Holy Prophet): Messenger
of Allah, we kill the children of the
polytheists during the night raids. He
said: They are from them.
Sahih Muslim 19:4322
Sa'b b. Jaththama has narrated that the
Prophet (may peace be upon him) asked:
What about the children of polytheists
killed by the cavalry during the night
raid? He said: They are from them.
Sahih Muslim 19:4323

...[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...[1]
Al-Ghazali, Kitab al-Wagiz fi fiqh madhab al-
imam al-Safi'i

Raping of Women is Allowed

Main Articles: Qur'an, Hadith and

Scholars:Rape and Qur'an, Hadith and
Scholars:Al-'Azl

"Not so the worshippers, who are

steadfast in prayer, who set aside a due
portion of their wealth for the beggar and
for the deprived, who truly believe in the
Day of Reckoning and dread the
punishment of their Lord (for none is
secure from the punishment of their
Lord); who restrain their carnal desire
(save with their wives and their slave
girls, for these are lawful to them: he that
lusts after other than these is a
transgressor..."
Qur'an 70:22-30

"And who guard their modesty - Save

from their wives or the (slaves) that their
right hands possess, for then they are
not blameworthy, "
Qur'an 23:5-6

Prohibited to you (For marriage) are:-

Your mothers, daughters, sisters; father's
sisters, Mother's sisters; brother's
daughters, sister's daughters; foster-
mothers (Who gave you suck), foster-
sisters; your wives' mothers; your step-
daughters under your guardianship, born
of your wives to whom ye have gone in,-
no prohibition if ye have not gone in;-
(Those who have been) wives of your
sons proceeding from your loins; and
two sisters in wedlock at one and the
same time, except for what is past; for
Allah is Oft-forgiving, Most Merciful;- And
all married women (are forbidden unto
you) save those (captives) whom your
right hands possess. It is a decree of
Allah for you. Lawful unto you are all
beyond those mentioned, so that ye seek
them with your wealth in honest
wedlock, not debauchery. And those of
whom ye seek content (by marrying
them), give unto them their portions as a
duty. And there is no sin for you in what
ye do by mutual agreement after the duty
(hath been done). Lo! Allah is ever
Knower, Wise.
Qur'an 4:23-24

O Prophet! We have made lawful to thee

thy wives to whom thou hast paid their
dowers; and those whom thy right hand
possesses out of the prisoners of war
whom Allah has assigned to thee; and
daughters of thy paternal uncles and
aunts, and daughters of thy maternal
uncles and aunts, who migrated (from
Makka) with thee; and any believing
woman who dedicates her soul to the
Prophet if the Prophet wishes to wed
 her;- this only for thee, and not for the
Believers (at large); We know what We
have appointed for them as to their
wives and the captives whom their right
hands possess;- in order that there
should be no difficulty for thee. And Allah
is Oft-Forgiving, Most Merciful.
Quran 33:50

Honor Killing

Main Article: Qur'an, Hadith and

Scholars:Honor Killing

Who is Subject to Retaliation for

Injurious Crimes
o1.1 - Retaliation

Retaliation is obligatory (A: if the person

entitled wishes to take it (dis: o3.8))
against anyone who kills a human being
purely intentionally and without right. (O:
Intentionally is a first restriction and
excludes killing someone through an
honest mistake, while purely excludes a
mistake made in a deliberate injury (def:
o2.3), and without right excludes cases
of justifiable homicide such as lawful
retaliation.)
o1.2 The following are not subject to
retaliation:

-1- a child or insane person, under any

circumstances

-2- a Muslim for killing a non-Muslim;

-3- a Jewish or Christian subject of the

Islamic state for killing an apostate from
Islam (O: because a subject of the state
is under its protection, while killing an
apostate from Islam is without
consequences);
-4- A father or mother (or their fathers of
mothers) for killing their offspring, or
offspring's offspring;
Reliance of the Traveller: A Classic Manual of
Islamic Sacred Law
Ahmad ibn Naqib al-Misri, Edited and Translated
by Nuh Ha Mim Keller (p. 508, o1.1-2)

It was narrated from Abu Hurairah that:

the Messenger of Allah said: “No woman
should arrange the marriage of another
woman, and no woman should arrange
her own marriage. The adulteress is the
one who arranges her own marriage.”
(Sahih)
 Sunan Ibn Majah 3:9:1882

Unequal Punishments

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.
Quran 4:15

If two men among you are guilty of

lewdness, punish them both. If they
repent and amend, Leave them alone; for
Allah is Oft-returning, Most Merciful.
Quran 4:16

Narrated Abu Huraira and Zaid bin

Khalid: Two men had a dispute in the
presence of Allah's Apostle. One of them
said, "O Allah's Apostle! Judge between
us according to Allah's Laws." The other
who was wiser, said, "Yes, O Allah's
Apostle! Judge between us according to
Allah's Laws and allow me to speak. The
Prophet said, "Speak." He said, "My son
was a laborer serving this (person) and
he committed illegal sexual intercourse
with his wife, The people said that my
son is to be stoned to death, but I
ransomed him with one-hundred sheep
and a slave girl. Then I asked the learned
people, who informed me that my son
should receive one hundred lashes and
will be exiled for one year, and stoning
will be the lot for the man's wife." Allah's
Apostle said, "Indeed, by Him in Whose
Hand my soul is, I will judge between you
according to Allah's Laws: As for your
sheep and slave girl, they are to be
returned to you." Then he scourged his
son one hundred lashes and exiled him
for one year. Then Unais Al-Aslami was
ordered to go to the wife of the second
man, and if she confessed (the crime),
then stone her to death. She did confess,
so he stoned her to death.
Sahih Bukhari 8:78:629

Narrated Abu Huraira and Said bin

Khalid: The verdict of Allah's Apostle was
sought about an unmarried slave girl
guilty of illegal intercourse. He replied, "If
she commits illegal sexual intercourse,
then flog her (fifty stripes), and if she
commits illegal sexual intercourse (after
that for the second time), then flog her
(fifty stripes), and if she commits illegal
sexual intercourse (for the third time),
then flog her (fifty stripes) and sell her
for even a hair rope." Ibn Shihab said, "I
am not sure whether the Prophet ordered
that she be sold after the third or fourth
time of committing illegal intercourse."
Sahih Bukhari 8:82:822 , See Also Sahih Bukhari
8:82:823

Contents
Beating your Wives is Allowed

Kill Woman Guilty of Lewdness by Starvation

Female Circumcision is Allowed and Prescribed

 Killing Women and Children is Allowed as
"Collateral Damage"

Raping of Women is Allowed

Honor Killing

Unequal Punishments

See Also

References

See Also
Violence Against Women (Primary
Sources) - A hub page that leads to
other articles related to Violence
Against Women (Primary Sources)

References
1. Excerpted form 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.

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