Islam And Women

"MUTʿAH (متعة‎). Lit. “Usufruct, enjoyment.” A marriage contracted for a limited period, for a certain sum of money. Such marriages are still legal amongst the Shīʿahs, and exist in Persia (Malcolm’s Persia, vol. ii. p. 591) to the present day, but they are said to be unlawful by the Sunnīs. They were permitted by the Arabian Prophet at Aut̤ās, and are undoubtedly the greatest stain upon his moral legislation; but the Sunnīs say that he afterwards prohibited a mutʿah marriage at K͟haibar. (Vide Mishkāt, book xiii. ch. iv. pt. 2.) The Shīʿahs establish the legality of mutʿah not only upon the traditions, but also upon the following verse in the Qurʾān, the meaning of which, according to the commentary Tafsīr-i-Maz̤harī, is disputed. Sūrah iv. 28: “Forbidden to you also are married women, except those who are in your hands as slaves. This is the law of God for you. And it is allowed you, beside this, to seek out wives by means of your wealth, with modest conduct, and without fornication. And give those with whom ye have cohabited their dowry. This is the law. But it shall be no crime in you to make agreements over and above the law. Verily, God is Knowing, Wise!” According to the Imāmīyah Code of Jurisprudence, the following are the conditions of Mutʿah, or “temporary marriages.” There must be declaration and acceptance, as in the case of nikāḥ, and the subject of the contract must be either a Muslimah, a Christian, or a Jewess, or (according to some) a Majūsī; she should be chaste, and due inquiries should be made into her conduct, as it is abominable to enter into contract with a woman addicted to fornication, nor is it lawful to make such a contract with a virgin who has no father. Some dower must be specified, and if there is a failure in this respect, the contract is void. There must also be a fixed period, but its extent is left entirely to the parties: it may be a year, a month, or a day, only some limit must be distinctly specified, so as to guard the period from any extension or diminution. The practice of ʿazl (extrahere ante emissionem seminis) is lawful, but if, notwithstanding this the woman becomes pregnant, the child is the temporary husband’s; but if he should deny the child, the denial is sustained by the law. Mutʿah marriages do not admit of divorce or repudiation, but the parties become absolutely separated on the expiration of the period. (Baillie’s Digest.) There is a curious account of a discussion at the Court of the Emperor Akbar with reference to the subject of Mutʿah marriages in the ʿAīn-i-Akbari (Translation by H. Blochmann, M.A., p. 173). At one of the meetings for discussion, the Emperor asked how many free-born women a man may legally marry. The lawyers answered that four was the limit fixed by the Prophet. His Majesty thereupon remarked that, from the time he had come of age he had not restricted himself to that number, and in justice to his wives, of whom he had a large number, both free-born and slaves, he now wanted to know what remedy the law provided for his case. Most of the Maulawīs present expressed their opinions, when the Emperor remarked that Shaik͟h ʿAbdu ʾn-Nabī had once told him that one of the Mujtahids had had as many as nine wives. Some of those present said that some learned men had allowed even eighteen from a too literal translation of the second verse of Sūratu ʾn-Nisāʾ in the Qurʾān. [MARRIAGE.] After much discussion, the learned men present, having collected every tradition on the subject, decreed, first, that by mutʿah a man may marry any number of wives; and, secondly, that mutʿah marriages were sanctioned by the Imām Mālik; but a copy of the Muwat̤t̤aʾ of the Imām Mālik was brought, and a passage cited from that collection of traditions against the legality of mutʿah marriages. The disputation was again revived at a subsequent meeting, when at the request of the Emperor, Badāʾonī gave the following summary of the discussion: “Imām Mālik, and the Shīʿahs are unanimous in looking upon mutʿah marriages as legal; Imām ash-Shāfiʿī and the great Imām Abū Ḥanīfah look upon mutʿah marriages as illegal. But should at any time a Qāẓī of the Malakī sect decide that mutʿah is legal, it is legal, according to the common belief, even for Shāfiʿīs and Ḥanafīs. Every other opinion on this subject is idle talk.” This saying pleased the Emperor, and he at once appointed a Qāẓī, who gave a decree which made mutʿah marriages legal. In permitting these usufructuary marriages Muḥammad appears but to have given Divine (?) sanction to one of the abominable practices of ancient Arabia, for Burckhardt (vol. ii. p. 378) says, it was a custom of their forefathers to assign to a traveller who became their guest for the night, some female of the family, most commonly the host’s own wife!"

"Translation from Urdu:".. I asked them where has your veil gone/They said that it is covering the intellect of men. ..""

"But far from achieving the purpose, purdah has adversely affected the mortals of Muslim men. Owing to purdah, a Muslim man has no contact with any woman outside those who belong to his own household. Even with them, his contact extends only to occasional conversation... For a male, there is no company of, and no commingling with, the females, except those who are children or aged. This isolation of the males from females is sure to produce bad effects on the morals of men. It requires no psychoanalyst to say that a social system which cuts off all contacts between the two sexes produces an unhealthy tendency towards sexual excesses and unnatural and other morbid habits and ways."

"The real place of women is the house and she has been exempted from outdoor duties…She has however been allowed to go out of the house to fulfil her genuine needs, but whilst going out she must observe complete modesty. Neither should she wear glamorous clothes and attract attention, nor should she cherish the desire to display the charms of the face and the hand, nor should she walk in a manner which may attract attention of others. Moreover she should not speak to them without necessity, and if she has to speak she should not speak in a sweet and soft voice."

"It was narrated from Abu Hurairah that: the Messenger of Allah said: “Marry, for I will boast of your great numbers.”(Sahih)"

"Marry women who will love their hus­bands and be very prolific, for I want you to be more numerous than any other people."

"It was narrated from Aishah that: the Messenger of Allah said: “Marriage is part of my sunnah, and whoever does not follow my sunnah has nothing to do with me. Get married, for I will boast of your great numbers before the nations. Whoever has that means, let him get married, and whoever does not, then he should fast for it will diminish his desire.” (Hasan)"

"When the Companions asked the Holy Prophet (Sallallaho Aliaihe wa sallaml) about coitus interruptus (‘azl), he said: ‘This is like burying a live child.’ And this is the same which has been described in the Quranic verse: ‘And when the girl-child that was buried alive is asked’ (LXXXI) (Vide Muslim Sharif, vol. i, p. 466; Mishkat Sharif, p. 276). In Path al-Mulhim Sharh-e Sahih-e Muslim, Allamah Shabbir Ahmed Usmani quotes that Qazi has written that the Holy Prophet (Sallallaho Aliaihe wa sallam!) has determined coitus interruptus ‘a hidden burial’, that is, to waste the seed which Allah Most High had prepared for procreation is like infanticide and burying the child alive. The result is the same: the only difference is that it is not buried alive openly and hence it has been called hidden. There is a hadith in the Bukhari Sharif to the effect that when the Companions, on account of their zest of engaging in devotions and in order to avoid sins and for remaining aloof from relations, expressed the desire to get themselves castrated, the Holy Prophet (Sallallaho alaihe wa sallam!) did not allow them and adduced the Quranic verse, ‘O ye who believe: Forbid not the good things which Allah hath made lawful for you, and transgress not. Lo! Allah loveth not transgressors’ (V: 87), in proof. Even as the Holy Prophet (Sallallaho Alaihe wa sallam!) has, by this verse, determined castration to be unlawful, it is obvious that the termination of propagation under the family planning scheme will also be included under this order."

"The Qur'an says that 'Children are an ornament of life' and Hadith literature views with favour larger families for the greater strength of Ummah, and as such birth control / family planning cannot be in any way compatible with the Shari'ah."

"Birth-control methods varied widely around the Islamic world, and there are a great number of texts suggesting a variety of techniques, ranging from coitus interruptus to more bizarre solutions such as suppositories containing rennet of rabbit, ‘broth of wall flower and honey’ and ‘leaves of weeping willow in a flock of wool’ (a popular option in early medieval Persia). But birth control was not just the woman’s business: male contraceptive techniques included ‘drinking juice of watermint at coitus’, rubbing the juice of an onion or a solution of rock salt onto the end of the penis, or, more alarmingly, smearing the entire penis with tar. Other mysterious solutions to the problems of Islamic family planning included ‘fumigation with elephant’s dung’ and, stranger still, ‘jumping backwards’."

"Poverty, illiteracy, religious fanaticism and lack of family planning, etc. are mainly responsible for the growth of EBOM population. Lack of education, child marriage, polygamy, poverty, etc. are making the population issue more complex … the illiterate char-chapori people believe that more children can eradicate their poverty and hence more children is the answer to their poverty. Added to it, religious fanaticism and superstitions are galore—they believe that children are the greatest gifts of Allah and He will also provide food and shelter to them. Human beings have nothing to do—they are just means. Hence they consider birth control exercises as anti-Islamic practices."

"Narrated Ma'qil ibn Yasar: A man came to the Prophet (peace be upon him) and said: I have found a woman of rank and beauty, but she does not give birth to children. Should I marry her? He said: No. He came again to him, but he prohibited him. He came to him third time, and he (the Prophet) said: Marry women who are loving and very prolific, for I shall outnumber the peoples by you."

"[It is] one of the fundamental tenets of Islam -- namely, to multiply the tribe."

"There is no denying the fact that the political prestige and military strength of a country depends upon the size of its population. (...) In the Islamic context greater population has a double significance because one cannot wage an effective Jihad without an expanding population."

"Islam is one of the few religi­ons that allow for birth control."

"Had the monster of 'Birth Control' as an instrument of state policy raised its head in the days of the Holy Prophet, he would surely have declared Jihad against it in the same manner as he waged Jihad against Shirk (polytheism)."

"The ulema declare: If need be, then, as long as the excuse lasts, one can use contraceptive methods, but, frankly speaking, it is sheer ingratitude for divine bounty that one gets oneself deprived of offspring through tubectomy without a legal excuse. The Holy Prophet (pbuh.!) has said: ‘Contract marriage with women who love more and beget more children so that on account of your multitudinousness on the Day of Judgement I may take pride in your number vis-à-vis the other ummahs’ (Mishkat). God is the Provider; He will provide for you as well as your children. The children’s provider is God, not we. He who supplied nourishment in the mother’s womb, He will provide it after birth also. The list of livelihood the offspring bring with them from the mother’s womb and they will receive their quota according to the same. Why should then one entertain such thoughts? The Divine Commandment is: ‘And that ye slay not your children because of penury—We provide for you and for them’ (6:151). At another place it has been said: ‘Slay not your children, fearing a [fall to poverty]; We shall provide for them and for you’ (17:31). It is reported in a hadith that certain Companions, in order to save themselves from sins and wordly worries and to engage themselves in devotions, expressed the wish to get themselves castrated. The Holy Prophet (pbuh.!) did not permit it and recited the Quranic verse: ‘O ye who believe ! Fobid not the good things which Allah hath made lawful for you, and transgress not. Lo! Allah loveth not transgressors’ (V. 87). (Bukh., vol. ii, p.759). It is conclusively proved from this that castration, that is, the discontinuance of procreation artificially is unlawful (haram) according to the explicit verse of the Quran also and is included in transgression from the limits fixed by God. Hence an operation that discontinues procreation is unanimously unlawful (UQ, vol. xx, p. 72)... And the jurisconsults have said: ‘Castration of men is forbidden’ (haram). (DM & S., vol. v, p. 342). And: ‘And that ye slay not your children because of penury—We provide for you and for them.’ (VI: 151). And: ‘Slay not your children, fearing a fall to poverty.We shall provide for them and for you.’ (XVII: 31)."

"It was narrated that: Sa'd said: “The Messenger of Allah disapproved of Uthman bin Maz'un's desire to remain celibate; if he had given him permission, we would have gotten ourselves castrated.” (Sahih)"

"It was narrated from Samurah that: the Messenger of Allah forbade celibacy. Zaid bin Akhzam added: “And Qatadah recited: 'And indeed We sent Messengers before you (O Muhammad ), and made for them wives and offspring.'”(Sahih)"

"Birth control should be resorted to only in cases of extreme necessity, such as the wife's ill-health owing to constant births. Imam Abu Hanifa holds it makruh (abominable)."

"Besides, carnal connexion is the right of a free woman for the gratifying of her passion, and the propagation of children (whence it is that a wife is at liberty to reject a husband who is an eunuch or impotent); whereas a slave possesses no such right.—A man, therefore, is not at liberty to injure the right of his wife, whereas a master is absolute with respect to his slave. If, also, a man should marry the female slave of another, he must not perform the act of Azil with her without the consent of her master."

"The object, in the purchase of a female slave, is cohabitation and generation of children."

"They (i.e., the Prophet’s companions) did not make sexual relations with Arab captives contingent on their conversion; rather they had sexual relations with them after one menstrual period. God allowed them to do this and did not make it conditional on conversion."

"There is nothing wrong in a man having sexual relations with his Zoroastrian slave-girl."

"When directly confronted, in a polemical context, with historical and textual permission for the sexual use of unfree women, Muslim authors sometimes respond defensively, seeking to protect Islam’s reputation. It may be argued, for instance, that Islamic “slavery” bore no resemblance to harsh American chattel slavery. In this view, the Qur’anic permission for men to have sex with “what their right hands possess” was merely a way of integrating war captives into society. Sometimes, it is added that the captives would be “integrated” into the Muslim community through becoming the property of a specific man who would be responsible for them and their offspring. Whatever merit these arguments have in the context of inter-communal polemics and apologetics, however, they are insufficient for internal Muslim reflection. In particular, the notion that women would be integrated into society by bearing offspring to their owners or captors does not apply to the case of the Bani Mustaliq: the rationale for the captors to practice withdrawal, according to other accounts, is that they did not want to impregnate the women lest they spoil their chances to ransom them."

"The master could sell her or give her away as a gift. The concubine could not own property, because her master owned everything, although she could carry out a trade or business by herself. Levy described the concubine saying "She has no more right than other chattels".... Therefore, it can be said that the destiny of a captive woman depended on two points: a. if her tribe was able to pay the ransom b. if she was married to her captor. Sometimes neither of these events might occur and therefore the woman suffered and was humiliated because her captor or the one who bought her, had control of both her body and her life."

"Most Muslims today either are not aware, or do not like to emphasize, the theoretical presumptions embedded in the Islamic jurisprudence of marriage law because they are quite far from contemporary sensibilities. Established Islamic marriage contract law uses the contract of sale as its basic conceptual framework—a model which leads to some uncomfortable conclusions about what is being sold and the role of women’s agency in that sale."

"Established Islamic jurisprudence therefore often describes marriage as a type of sale, with the item being purchased being a wife’s sexual organs. There are qualitative differences between the rights of a wife and a female slave, of course, and the jurists do carefully lay these out, but nevertheless, the concept of male ownership of women’s sexual parts becomes an important part of the traditional juristic understanding of what makes sex licit in Islam."

"A man’s intercourse with a female slave might constitute zina only if she belongs to someone else."

"They agreed unanimously that an enslaved female’s consent was never required for a marriage contracted by her owner. Al Shafii (d. 820) is typical: “He may marry off his female slave without her permission whether she is a virgin or non-virgin.”"

"Given that the vast majority of contemporary Muslims reject slavery, many have chosen to ignore the issue. Rather than reiterate the classical religious permission for slavery and slave concubinage, even to oppose it, they seem to believe that a moderate or progressive agenda is better served by emphasizing the contemporary agreement that slavery, and especially concubinage, is forbidden as completely outside the bounds of Muslim sexual morality. Although a few authors deny the validity of slave concubinage outright, asserting that “those jurists of Islamic law who laid down the rule that a master may have [a] sexual relationship with his female slave without marriage are totally mistaken,” most simply ignore what prevailed as the consensus for over a millennium."

"It is not allowed thee to take (other) women henceforth, nor that thou shouldst change them for other wives even though their beauty pleased thee, save those whom thy right hand possesseth. And Allah is ever Watcher over all things."

"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."

"A man may gratify his passion with his female slave in whatever way he pleases. It is lawful for a man to perform the act of Azil (i.e. coitus interruptus) with his female slave without her consent, whereas he cannot lawfully do so by his wife unless with her permission. The reason of this is that the Prophet has forbidden the act of Azil with a free woman without her consent but has permitted it to a master in the case of his female slave."

"'Tis true, our law forbids to wed a Christian; But it forbids you not to ravish her. You have a conqueror's right upon your slave; And then the more despite you do a Christian, You serve the prophet more, who loathes that sect."

"Also (prohibited are) women already married, except those whom your right hands possess: Thus hath Allah ordained (Prohibitions) against you: Except for these, all others are lawful, provided ye seek (them in marriage) with gifts from your property,—desiring chastity, not lust, seeing that ye derive benefit from them, give them their dowers (at least) as prescribed; but if, after a dower is prescribed, agree Mutually (to vary it), there is no blame on you, and Allah is All-knowing, All-wise.""

"If ye fear that ye shall not be able to deal justly with the orphans, Marry women of your choice, Two or three or four; but if ye fear that ye shall not be able to deal justly (with them), then only one, or (a captive) that your right hands possess, that will be more suitable, to prevent you from doing injustice."

"And those who preserve their chastity. Save with their wives and those whom their right hands possess, for thus they are not blameworthy;"

"It was unnecessary to invite infidels in the abode of war to embrace Islam before seizing their persons, because they were ‘something which is the property of no particular person and may by law become the property of a Mooslim. ... They are classed with inanimate things ... thus liable to be reduced to state of property, like things which were originally common by nature’. For a raider, this entailed that ‘such of the inhabitants, as have fallen into his hands, are at his absolute disposal, and may be lawfully reduced to slavery’ ."

"Who abstain from sex, And who guard their modesty, And who guard their private parts, Except with those joined to them in the marriage bond, or (the captives) whom their right hands possess,—for (in their case) they are free from blame."

"The Muhammadan religion appears to give almost unlimited license to concubinage, provided the woman be a slave and not a free Muslim woman."

"Islam made it lawful for a master to have a number of slave-women captured in wars and enjoined that he alone may have sexual relations with them ... Europe abhors this law but at the same gladly allows that most odious form of animalism according to which a man may have illicit relations with any girl coming across him on his way to gratify his animal passions."

"If Zoroastrian and idolatrous women are taken prisoner, they are coerced into Islam; if they embrace it, sexual relations with them are permissible and they can (also) be used as maidservants. If they do not embrace Islam, they are used as maidservants but not for sexual relations."

"It was narrated that: Abdullah bin Abu Awfa said” When Muadh bin Jabal came from Sham, he prostrated to the Prophet who said: 'What is this, O Muadh?' He said: 'I went to Sham and saw them prostrating their bishops and patricians and I wanted to do that for you.' The messenger of Allah said: 'Do not do that. If I were to command anyone to prostrate to anyone other than Allah, I would have commanded women to prostrate to their husbands. By the one in who hand is the soul of Muhammad! No woman can fulfill her duty towards Allah until she fulfills her duty towards her husband. If he asks her (for intimacy) even if she is on her camel saddle, she should not refuse.' “(Hasan)"

"It was narrated from Abu Hurairah that: the Prophet said: “A woman may be married for four things: Her wealth, her lineage, her beauty or for her religion. Choose the religious, may your hands be rubbed with dust (i.e., may you prosper).” (Sahih)"

"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." (Hasan)"

"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)"

"Giving one’s young children in marriage (is permissible) by virtue of the Statement of Allah: ‘And for those who have courses’ (i.e. they are still immature) (Sura 65:4) And the ‘Iddat [waiting period for a woman before lawful sexual intercourse] for the girl before puberty is three months (in the above Verse)."

"Sahih Al-Bukhari, Chapter 68: Book of Tafsir CCCLXXXIV: The Tafsir of Surat at-Talaq"

"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)"