Law in Crisis: The Ecstatic Subject of Natural Disaster (The Cultural Lives of Law)

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During his life, Muhammad married nine or eleven women depending upon the differing accounts of who were his wives. In Arabian culture , marriage was generally contracted in accordance with the larger needs of the tribe and was based on the need to form alliances within the tribe and with other tribes. Virginity at the time of marriage was emphasised as a tribal honour. The title of the sura derives from the numerous references to women throughout the chapter, including verses and The above primary sources of influence on women of Islam do not deal with every conceivable situation over time.

This led to the development of jurisprudence and religious schools with Islamic scholars that referred to resources such as identifying authentic documents, internal discussions and establishing a consensus to find the correct religiously approved course of action for Muslims. Among them are ijma , qiya , ijtihad and others depending on sect and the school of Islamic law. Included in secondary sources are fatwas , which are often widely distributed, orally or in writing by Muslim clerics, to the masses, in local language and describe behavior, roles and rights of women that conforms with religious requirements.

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Fatwas are theoretically non-binding, but seriously considered and have often been practiced by most Muslim believers. The secondary sources typically fall into five types of influence: the declared role or behavior for Muslims, both women and men, is considered obligatory, commendable, permissible, despised or prohibited. There is considerable controversy, change over time, and conflict between the secondary sources. Gender roles in Islam are simultaneously coloured by two Qur'anic precepts: i spiritual equality between women and men; and ii the idea that women are meant to exemplify femininity, and men masculinity.

Verily, men who surrender unto God, and women who surrender, and men who believe and women who believe, and men who obey and women who obey, and men who speak the truth and women who speak the truth Moreover, it is important to recognise that in Islam, home and family are firmly situated at the centre of life in this world and of society: a man's work cannot take precedence over the private realm. Islam differentiates the gender role of women who believe in Islam and those who do not. James E.

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Lindsay said that Islam encouraged religious education of Muslim women. While it was not common for women to enroll as students in formal religious schools, it was common for women to attend informal lectures and study sessions at mosques, madrasas and other public places. He writes that women could study, earn ijazah s religious degrees and qualify as ulama and Islamic teachers. During the colonial era, until the early 20th century, there was a gender struggle among Muslims in the British empire; educating women was viewed as a prelude to social chaos, a threat to the moral order, and man's world was viewed as a source of Muslim identity.

In a statement, the Organization of Islamic Cooperation noted that restricted access to education is among the challenges faced by girls and women in the developing world, including OIC member states. Some scholars [60] [61] contend that Islamic nations have the world's highest gender gap in education. In a number of OIC member states, the ratio of women to men in tertiary education is exceptionally high.

Qatar leads the world in this respect, having 6. Some scholars [76] [77] refer to verse in the Quran and to Khadijah , Muhammad's first wife, a merchant before and after converting to Islam, as indications that Muslim women may undertake employment outside their homes. And when he came to the water of Madyan, he found on it a group of men watering, and he found besides them two women keeping back their flocks. He said: What is the matter with you? They said: We cannot water until the shepherds take away their sheep from the water, and our father is a very old man.

Traditional interpretations of Islam require a woman to have her husband's permission to leave the house and take up employment, [78] [79] [80] though scholars such as Grand Mufti Ali Gomaa [81] and Grand Ayatollah Mohammad Ebrahim Jannaati [82] have said that women do not require a husband's permission to leave the house and work.

During medieval times, the labor force in Spanish Caliphate included women in diverse occupations and economic activities such as farming, construction workers, textile workers, managing slave girls, collecting taxes from prostitutes, as well as presidents of guilds , creditors , religious scholars.

In the 12th century, Ibn Rushd , claimed that women were equal to men in all respects and possessed equal capacities to shine, citing examples of female warriors among the Arabs , Greeks and Africans to support his case. Umm Amarah, Aisha, [86] Kahula and Wafeira. Medieval bimarestan or hospitals included female staff as female nurses. Muslim hospitals were also the first to employ female physicians, such as Banu Zuhr family who served the Almohad caliph ruler Abu Yusuf Yaqub al-Mansur in the 12th century.

Women are allowed to work in Islam, subject to certain conditions. For example, an acceptable circumstance is if a woman is in financial need and her employment does not cause her to neglect her important role as a mother and wife. In some cases, when women have the right to work and are educated, women's job opportunities may in practice be unequal to those of men.

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In Egypt for example, women have limited opportunities to work in the private sector because women are still expected to put their role in the family first, which causes men to be seen as more reliable in the long term. Most Muslim majority countries, and some Muslim minority countries, follow a mixed legal system, with positive laws and state courts, as well as sharia -based religious laws and religious courts. According to Jan Michiel Otto, "[a]nthropological research shows that people in local communities often do not distinguish clearly whether and to what extent their norms and practices are based on local tradition, tribal custom, or religion.

Other than applicable laws to Muslim women, there is gender-based variation in the process of testimony and acceptable forms of evidence in legal matters. In other cases, the testimony of two women equals that of one man. According to verse of Islam's sacred text, both men and women have an independent economic position: 'For men is a portion of what they earn, and for women is a portion of what they earn.

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Ask God for His grace. God has knowledge of all things. For men is a share from what the parents and near relatives leave, and for women is a share from what the parents and near relative leave from less from it or more, a legal share.

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. Women's property rights in the Quran are from parents and near relatives. 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.

Property rights enabled some Muslim women to possess substantial assets and fund charitable endowments. In mid-sixteenth century Istanbul, The Qur'an grants inheritance rights to wife, daughter, and sisters of the deceased.

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The rules of inheritance are specified by a number of Qur'an verses, including Surah "Baqarah" chapter 2 verses and ; Surah "Nisa h " chapter 4 verses 7—11, 19 and 33; and Surah "Maidah" chapter 5 , verses — Three verses in Surah "Nisah" chapter 4 , verses 11, 12 and , describe the share of close relatives. The religious inheritance laws for women in Islam are different from inheritance laws for non-Muslim women under common laws.

The author and investment banker Harris Irfan narrates the story as follows:. She offered to sell it for dirhams and he turned her down. Then she asked for , then , at which point the exasperated woman scolded him. So they summoned another merchant and he solemnly valued the garment at dirhams. Rather than profit from the woman's ignorance, Abu Hanifa had opted to settle for a fair trade, a principle he would abide by all his life — that the greedy should be regulated from taking advantage of the vulnerable.

As for those of your women who are guilty of lewdness, call to witness four of you against them.

Law in Crisis: The Ecstatic Subject of Natural Disaster

And if they testify to the truth of the allegation then confine them to the houses until death take them or until Allah appoint for them a way. And as for the two of you who are guilty thereof, punish them both. And if they repent and improve, then let them be. Allah is ever relenting, Merciful. Forgiveness is only incumbent on Allah toward those who do evil in ignorance and then turn quickly in repentance to Allah. These are they toward whom Allah relenteth. Allah is ever Knower, Wise.

The forgiveness is not for those who do ill-deeds until, when death attendeth upon one of them, he saith: Lo! I repent now; nor yet for those who die while they are disbelievers. For such We have prepared a painful doom. Al-Quran The fornicating woman and the fornicating man, flog each one of them with one hundred stripes.

Series: The Cultural Lives of Law

A man who is fornicator does not like to marry but a woman who is a fornicator or a polytheist; and a woman who is a fornicator does not like to marry but a man who is a fornicator or a polytheist. And this i. Zina is an Islamic legal term referring to unlawful sexual intercourse. Although stoning for zina is not mentioned in the Quran, all schools of traditional jurisprudence agreed on the basis of hadith that it is to be punished by stoning if the offender is muhsan adult, free, Muslim, and having been married , with some extending this punishment to certain other cases and milder punishment prescribed in other scenarios.

Aside from "a few rare and isolated" instances from the pre-modern era and several recent cases, there is no historical record of stoning for zina being legally carried out. In 'lian', when the husband accuses the wife of adultery, both have to swear five times each to support their case When the wife swears five times, her evidence is upheld and given priority over his and she is not punished.

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And those who accuse chaste women and never bring four witnesses, flog them eighty strips and never admit their testimony forever; indeed they themselves are impure. Except those who repent after this and amend themselvess; then God is forgiving and merciful. And those who accuse their wives and do not have four witnesses then witness of each one of them is four oaths by God that he is of truthfuls.

And fifth that curse of God be on him if he is of liars. And it can save her from punishment if she oaths by God four times that he is of liars. And fifth time that wrath of God be on her if he is of truthfuls. Rape is considered a serious sexual crime in Islam, and can be defined in Islamic law as: "Forcible illegal sexual intercourse by a man with a woman who is not legally married to him, without her free will and consent". And those who cannot afford marriage should keep themselves chaste until Allah enriches them out of His grace.

And give them out of the wealth of Allah that He has given to you. And do not compel your maids to prostitution - if they wish to observe chastity - in order that you may seek the temporary benefit of the worldly life. 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 is these strict criteria of proof which lead to the frequent observation that where injustice against women does occur, it is not because of Islamic law. It 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.

In the case of rape, the adult male perpetrator i.