For instance, see Jesse Prinz, Morality is a Culturally Conditioned Response. Philosophy Now
82: 6-9 (2011).
Ibn al-Qayyim, Iʿlām al-Muwaqqiʿīn
, (Beirut: DKI, 1991), 3:12.
, (Cairo: Maktaba Tijariya, 1975), 1:148.
Ibn al-Qayyim, al-Ṭuruq al-Ḥukmiyyah fī al-siyāsah al-sharʿīyyah
, (Mecca: Dar ʿAlam al-Fawāʾid, 1428H), 1:31.
Makkī ibn Abī Ṭālib, Al-Hidāyah fī Bulūgh al-Nihāyah
, (Sharjah: University of Sharjah, 2008), 1206.
6 Sahih Muslim
citations in this article reference the Arabic numerals used on the search engine Sunnah.com. Those compilations not present on that site are instead cited using the numbering on the Arabic site IslamWeb.net.
Al-Khaṭṭābī, Maʿālim al-Sunan
(Aleppo: Maṭbaʿah al-ʿIlmiyyah, 1932), 1:79.
For a comprehensive discussion, refer to Eagly, A. H., Beall, A. E., & Sternberg, R. J. (Eds.) (2004). The psychology of gender
(2nd ed.). New York: The Guilford Press.
Miller, Ivy N., and Alice Cronin-Golomb. Gender Differences in Parkinson’s Disease: Clinical Characteristics and Cognition. Movement Disorders
, 25.16 (20 10): 2695–2703; Viña J, Lloret A. Why women have more Alzheimer's disease than men: Gender and mitochondrial toxicity of amyloid-beta peptide. J Alzheimers Dis
. 2010; 20 Suppl 2:S527-33.
Thibault V., Guillaume M., Berthelot G., et al. Women and Men in Sport Performance: The Gender Gap has not Evolved since 1983. Journal of Sports Science & Medicin
e. 2010;9(2):214-223; Knechtle B., Rosemann T., Lepers R., Rüst C.A. Women outperform men in ultra distance swimming: The Manhattan Island Marathon Swim from 1983 to 2013. Int J Sports Physiol Perform
. 2014 9(6):913-24.
Weisberg Y. J., DeYoung C. G., Hirsh J. B. Gender Differences in Personality across the Ten Aspects of the Big Five. Frontiers in Psychology
. 2011; 2:178. doi:10.3389/fpsyg.2011.00178.
Adenzato, M. et al. Gender differences in cognitive Theory of Mind revealed by transcranial direct current stimulation on medial prefrontal cortex. Sci. Rep
. 7, 41219; doi: 10.1038/srep41219 (2017).
Zahn-Waxler, C., Robinson, J. L., & Emde, R. N. (1992). The development of empathy in twins. Developmental Psychology,
One counterpoint being that “Empirically, sex differences in most psychological traits—in personality, sexuality, attitudes, and cognitive abilities—are conspicuously larger in cultures with more egalitarian sex role socialization and greater sociopolitical gender equity.” Schmitt, D. P. (2014). The evolution of culturally-variable sex
differences: Men and women are not always different, but when they are . . . it appears not to result from patriarchy or sex role socialization. In V. A. Weekes-Shackelford, & T. K. Shackelford (Eds.), The evolution of sexuality (pp. 221-256). New York, NY: Springer.
Buss, D. M., Abbott, M., Angleitner, A., Asherian, A., Biaggio, A., Blanco, A., et al. (1990). International preferences in selecting mates: A study of 37 cultures. Journal of Cross-Cultural Psychology
18 Sunan al-Kubrā al-Bayḥaqī
19 Jāmiʿ at-Tirmidhī
3367. The hadith continues to say, “For verily they are in your presence ʿāwān
”. The word ʿāwān
(feminine singular ʿānīyah
) means those who are a captive or prisoner; Abu ʿUbayd, Gharīb al-Ḥadīth
, ed. Ḥusayn Muhammad Sharaf, (Cairo: al-Hayʾah al-ʿĀmmah li-Shuʾūn al-Maṭābiʿ al-Amīriyah, 1984), 1:407. The analogy provides a vivid image of a relationship the audience would have been familiar with in which the power differential was obvious. The Prophetic emphasis is on taking that as a lesson in responsibility, duty, and accountability for one’s kind treatment towards one’s spouse.
20 Jāmiʿ at-Tirmidhī
21 Sunan al-Kubrā al-Bayḥaqī
11095, Sunan Saʿīd ibn Manṣūr
. Ibn Ḥajar considers its isnād ḥasan
(good) in Fatḥ al-Bārī
(Cairo: Dar al-Rayan 1986), 5:253. Contemporary hadith
scholar, Hātim al-ʿAwnī, notes
that while this report is mursal
, its narration by early scholars demonstrates that “this concept of equality springs from deep within our Islamic tradition.”
Korteweg, Anna. The Sharia Debate in Ontario: Gender, Islam, and Representations of Muslim Women’s Agency. Gender & Society
, August 2008, p. 448.
For a discussion of such arguments, see Anne Barnhill, “Modesty as a Feminist Sexual Virtue,” in Out From the Shadows: Analytical Feminist Contributions to Traditional Philosophy
, edited by Sharon L. Crasnow and Anita M. Superson (New York: Oxford University Press, 2012), pp. 115-137. From a social psychology perspective, see Cikara, M., Eberhardt, J. L., & Fiske, S. T. (2011). From agents to objects: Sexist attitudes and neural responses to sexualized targets. Journal of Cognitive Neuroscience, 23, 540-551.
26 Sunan Ibn Mājah
Ibn ʿAsākir, Tārīkh al-Dimashq
(13/312), related as a hadith
from the Prophet ﷺ.
28 Sunan Abī Dāwūd
2146, Sunan al-Dārimī
2219 (under “Chapter on the prohibition of hitting women”). These hadith
also mention that after this, ʿUmar complained that the women had rebelled against their husbands so a dispensation was given for physical discipline, whereupon the women then came and complained to the Prophet ﷺ so the Prophet expressed his disapproval of the men hitting, and in one hadith
(Ṣaḥīḥ Ibn Ḥibbān
4186 authenticated by Shuʿayb Al-Arnāʿūṭ) it states explicitly that the Prophet ﷺ then forbade them from hitting (fa nahāhum
) once again. If this narration is taken at face value, the implementation of 4:34 would be restricted (takhṣīṣ
) as explained by Ibn ʿAbbas and ʿAṭā ibn Abī Rabāḥ below, and similarly this applies to the farewell sermon.
29 Sunan Abī Dāwūd
2144. Another hadith
says, “Do not raise a stick against your family” (Al-Adab al-Mufrad
18); this is one of two wordings of the hadith which are both authentic. See Faḍl Allah al-Jīlānī, Faḍl Allah al-Ṣamad fī tawdīḥ al-Adab al-Mufrad
, (Beirut: DKI, 2002), 81-82. See also Husayn al-ʿAwāyishah, Sharḥ Ṣaḥīḥ al-Adab al-Mufrad
, (Beirut: Dar Ibn Hazm, 2003), 1:35.
30 Sunan Ibn Majah
31 Musnad Ahmad
(1303), Majma’ al-Zawa’id
(7745). Declared authentic by Ahmad Shakir. See Ahmad ibn Hanbal, al-Musnad lil-Imam Ahmad ibn Hanbal
ed. Ahmad Shakir (Cairo: Dar al-Hadith), 2:138-139.
For instance, ʿAbd al-Ḥamid Abu Sulayman in Ḍarb al-Marʾa wasīlah li-ḥal al-Khilāfāt al-Zawjiyah
(Cairo: Dar Al-Salam 1424H). This perspective is regarded by its opponents as far-fetched as it represents a departure from the plain-sense meaning of the verb.
Mischaracterizations of the tradition arise from a dogmatic attempt to paint the ‘pre-colonial’ scholarly tradition as fundamentally unconcerned with the well-being of women or mutuality in marital love, as in Ayesha Chaudhry Domestic Violence and the Islamic Tradition
, (Oxford: Oxford University Press, 2013). For instance, we are told “Pre-colonial scholars never mentioned the reciprocal nature of the marital relationship” (p. 141) and it is only modern-day ‘neo-traditionalist scholars’ who “describe an ideal marriage as one that is premised on love and harmony, positing Q. 30:21 as the necessary context for understanding Q. 4:34” (p. 159). Yet, one of the earliest exegetical works directly cites 30:21 in the explanation of 4:34 arguing that disciplinary measures are not permitted until all other means of returning harmony (ulfa
) and love (maḥabbah
) have been exhausted; al-Māturīdī, Taʾwīlāt Ahl al-Sunnah
, (Beirut: DKI 2005), 163. Furthermore, we find repeated emphasis that avoiding hitting would be better for the sake of preserving love in the marital relationship; see al-Buhūtī’s statement cited below.
It's no surprise that pre-modern jurists catered to that ubiquitous economic reality in their writings. Postindustrial egalitarianism resulted in a cultural shift of authority within the family, although the hierarchical element that has remained is the perception that parents are still responsible for the physical discipline of their children. Comparing modern legislation about parents hitting children with the pre-modern juristic discussion on husbands hitting wives demonstrates similar concerns for distinguishing physical discipline from physical abuse and violence.
E. Salisbury, G. Donavin, M.L. Price, Domestic Violence in Medieval Texts
(Gainesville: University Press of Florida 2002), p.18.
Fakhr al-Dīn al-Rāzī, Tafsīr al-Rāzī
, (Beirut: Dar al-Fikr, 1981), 10:93.
Al-Buhūtī, Kashshāf al-Qināʿ
, (Beirut: DKI, 1997), 5:238. “wa-l-awlāʾ tark ḍarbihā ibqāʾa lil-mawadda
Al-Dasūqī, Ḥāshiyat al-Dasūqī ʿala Sharḥ al-Kabīr
, (Cairo: Dar Ihya' al-Kutub al-'Arabiya, 1980), 2:343.
Al-Rāfiʿī, al-Muḥarrar fī al-Fiqh al-Imām al-Shāfiʿī
, (Cairo: Dar al-Salam 2013), vol 2, p 1041.
For instance, al-Munāwī (d.1031 AH) states, “This demonstrates that hitting one’s wife is harām
except for nushūz
(rebellious conduct), so when she commits it he may hit without hitting severely (mubarriḥ
) nor persistently, but if she is not deterred by it then both severe hitting and non-severe hitting is ḥarām
, and abandoning hitting is categorically preferable.” Al-Munāwī, Fayḍ al-Qadīr sharḥ jāmiʿ al-saghīr
, (Beirut: DKI 2001), 1:86. Al-Sharbīnī (d. 977 AH) stated that hitting was only permissible as a last resort after repeated instances of nushūz
(rebellious conduct) according to the [Shāfiʿī] ʿIrāqīs and Al-Rāfiʿī, while al-Nawawī was of the view that hitting was permissible even after the first instance of nushūz
on the condition that one believed it would actually benefit the situation otherwise it would not be permitted even under such circumstances. As for severe hitting (ḍarb mubarriḥ
), defined as that which leaves a mark or causes injury, al-Sharbīnī states that the jurists categorically prohibited it (fa-innahu lā yajūzu muṭlaqan
). He also states that it remains preferable to avoid hitting altogether. Al-Sharbīnī, al-Iqnāʿ fī ḥal alfāẓ abī shujāʿ,
(Beirut: DKI 2004), 2:282. The fact that the dispensation remains disliked or offensive (makrūh
) is mentioned by Abu Bakr ibn al-ʿArabī, in his comments on how ʿAṭā ibn Abī Rabāḥ demonstrated deep understanding in deriving the offensiveness of hitting (karāhiyyah
) from the hadith of the Prophet. See Abu Bakr ibn al-ʿArabī. Aḥkam al-Qur’ān
(Beirut: DKI 2003), 1:536.
Ibn Ḥajar al-Haytami, Tuḥfat al-Muḥtāj bi Sharḥ al-Minhāj
, (Beirut: DKI 1971), 3:314. “Ammā idhā ‘ulima annahu lā yufīd fayuḥram
Ibn al-Jawzī, Aḥkām al-Nisā
, ed. Amr Abd al-Mun’im Salim, (Cairo: Maktabah Ibn Taymiyyah 1997), 241.
Al-Qurṭubī, Al-Jāmiʿ li-Aḥkām al-Qur’an
, vol. 5, p.169.
Ibn ʿĀshūr, Tahrir wal-Tanwir
(Tunisia: Dar al-Tunisiyyah 1984), 5:44. Discussed in Abdullah Hasan, “The End to Hitting Women: Islamic Perspective on Domestic Violence,” MuslimMatters.org. n.p. 21 Dec 2013.
Availability of contraception also played a role in women pursuing long-duration professional education. See Goldin, Claudia and Lawrence F. Katz. 2002. The power of the pill: Oral contraceptives and women's career and marriage decisions. Journal of Political Economy 110(4): 730-770.
Faḍl Allah al-Jīlānī, Faḍl Allah al-Ṣamad fī tawdīḥ al-Adab al-Mufrad
, (Beirut: DKI, 2002), 82.
Ibn Saʿd, Ṭabaqāt al-Kubrā
, 10516. Also found in the work by al-Suyuti, Jāmiʿ al-Ṣaghīr
, 1088. This is part of a longer conversation discussed earlier where an initial prohibition to hit was followed by the revelation of the verse and the Prophet providing the dispensation to hit with the above qualification, “None hits except the worst amongst you.” Although this report has weakness in its attribution to the Prophet, the meaning is undoubtedly authentic.
See for instance, M.R. Holmes, The sleeper effect of intimate partner violence exposure: Long-term consequences on young children's aggressive behavior. J Child Psychol Psychiatry
54, n. 9 (2013): 986-95; and S.V. Menon, J.R. Cohen, R.C. Shorey, J.R. Temple, The impact of intimate partner violence exposure in adolescence and emerging adulthood: A developmental psychopathology approach, J Clin Child Adolesc Psychol
. (2018): 1-12.
51 Ṣaḥīḥ Bukhārī
6042. The Prophet ﷺ also routinely advised controlling one’s anger, and research has linked spousal violence to a lack of anger management. Dew, J., & Dakin, J. (2011). Financial Disagreements and Marital Conflict Tactics. Journal of Financial Therapy
Abu Isḥāq Al-Jahḍamī (d.282H), Aḥkām al-Qur’ān
, (Beirut: Dar Ibn Hazm 2005), 113. This is recorded with isnād
(chain of transmission) from al-Jahdami to ʿAṭāʾ ibn Abī Rabāḥ. The earliest source and the isnad
are mentioned to note an error in two of the reasons used to dismiss Ataa’s opinion by some. See Gabriel Al-Romaani, “Domestic Violence: Critique of some modern opinions on Qur'an 4:34”. ICRAA.org. http://icraa.org/domestic-violence-critique-of-some-modern-opinions-on-quran-434/.
Ibn ʿĀshūr provides an interpretation wherein the final instruction in the verse is speaking to the legal authorities and not husbands and he opines that this was the interpretation adopted by ʿAṭāʾ (wa bi-hadha al-taʾwīl akhadha ʿAṭāʾ
) which led ʿAṭāʾ to state that a man is not to hit his wife. According to Ibn ʿĀshūr, other scholars alluded to by Ibn al-Faras al-Gharnāṭī, agreed with this way of reading the verse. Ibn ʿĀshūr, Taḥrīr wa-l-Tanwīr
(Tunisia: Dar al-Tunisiyyah 1984) 5:43. Another aspect of ʿAṭāʾ’s statement is how it relates to his narrating Ibn Abbās’s comment on the siwāk
. According to Abdul Hamid AbuSulayman (“Darb al-Mar’a”, 2010, p. 18
), there is a clear difference between taking the verse as referring to a gesture that is purely symbolic as indicated by Ibn Abbas’s statement versus hitting with intent to discipline. The value of ʿAṭāʾ’s statement is fully appreciated when interpreted as an explanation of Ibn Abbās’s comment.
John L. Esposito, Women in Muslim Family Law
(Syracuse, N.Y: Syracuse University Press, 2001), p. 29.
57 Sunan Abi Dawud
, 2178. Declared weak (daʿīf
) by al-Albani.
Judith Tucker, In the House of the Law: Gender and Islamic Law in Ottoman Syria and Palestine
(Berkeley: University of California Press, 1998), p. 109.
Judith Tucker, Women, Family, and Gender in Islamic Law
(Cambridge: Cambridge University Press, 2008), p. 91.
Wahba al-Zuḥaylī, al-Fiqh al-islāmī wa-adillatuhu
, 8 vols. (Damascus: Dār al-Fikr, 1985), 7:54.
The exception is in the Maliki school, which does not obligate husbands to pay for their children’s expenses in the custody of a wealthy mother.
Muḥammad al-Dasūqī, Aḥmad al-Dardīr, and al-Khalīl b. Isḥāq al-Jundī, Ḥāshiyat al-Dasūqī ʻalā al-Sharḥ al-kabīr, ed. Muḥammad ʿIllīsh, 4 vols. (Cairo: Dār Iḥyāʾ al-Kutub al-ʿArabīya, n.d.), 2:355-6; Muḥammad b. Aḥmad b. Muḥammad Ibn Rushd al-Ḥafīd, Bidāyat al-mujtahid
, ed. Muḥammad Ṣubḥī Ḥasan Ḥallāq, 4 vols. (Cairo: Maktabat Ibn Taymīya, 1995), 3:133.
This does not mean that women throughout other empires or eras were not active in asserting their rights; rather, the Ottoman Empire was among the first in instituting official measures for notaries and recordings of court proceedings.
, p. 109. The author here notes that this is the apparent trend only, since ṭalāq
divorces were not required to be recorded in court, and thus, cannot be measured against the number of khulʿ
Tucker, In the House of Family Law
, p. 80.
Al-Dasūqī in al-Dasūqī, et al., Ḥāshiyat al-Dasūqī
Abū Bakr b. Masʿūd al-Kāsānī, Badāʾiʿ al-ṣanāʾiʿ fī tartīb al-sharāʾīʿ
, ed. ʿAlī Muḥammad Muʿawwaḍ and ʿĀdil Aḥmad ʿAbd al-Mawjūd, 10 vols. (Beirut: Dār al-Kutub al-ʿIlmīya, 2003), 3:597.
Based on her analysis of various court records throughout the Ottoman Empire, historian Judith Tucker was able to conclude, “Legal discourse did not reverse the strongly gendered character and male bias of Islamic legal precedent on divorce, but it did work to soften this bias by defining female rights and strictly regulating divorce procedures.” Tucker, In the House of Family Law
, p. 81. This illustrates that even those who may perceive a male bias in the letter of the law concede that this was mitigated in practice by the way Islamic legal discourse guided judicial proceedings.
Esposito, 53; Azizah al-Hibri and Hadia Mubarak, "Marriage and Divorce," The Oxford Encyclopedia of the Islamic World.
al-Hibri and Mubarak, "Marriage and Divorce.”
” is often translated as forget or err depending on the English text.
Verse 2: 282. Translation based on M.A.S. Abdel Haleem, The Qur’an
(Oxford: Oxford University Press, 2008).
Mohammad Fadel, "Two Women, One Man: Knowledge, Power, and Gender in Medieval Sunni Legal Thought," International Journal of Middle East Studies
29, 2 (1997), 187.
Fakhr al-Din al-Razi. Mafatih al-Ghayb
verse 2:282. The Arabic reads:
أَن تَضِلَّ إْحْدَاهُمَا فَتُذَكّرَ إِحْدَاهُمَا ٱلأُخْرَىٰ } والمعنى أن النسيان غالب طباع النساء لكثرة البرد والرطوبة في أمزجتهن. The invocation of such Hellenistic physiology in deliberations about women’s nature is widespread in the classical tradition of Muslim scholars, encountered for instance from Abu’l-Layth al-Samarqandi (d .375 H) in Transoxania (Bahr al-`Ulum
exegesis of 4:34) to Abu Abdullah al-Qurtubi (d. 671 H) in Cordova (Jami’ li-Ahkam al-Qur’an
exegesis of 4:34). Muslims seeking to ground Islamic orthodoxy in the tradition must distinguish between a commitment to those elements of the tradition that emerged from Hellenistic thought versus a commitment to those fundamentals of their tradition that are derived unequivocally from the sacred texts of the Qur’an and the Sunnah
Jean-Baptiste Bonnard, Male and Female Bodies according to Ancient Greek Physicians,
translated by Lillian E. Doherty and Violaine Sebillotte Cuchet. Clio
1, n. 37 (2013): 21-39.
Ahlam Muhammad Ighbariyah. Shahadat al-Nisa: Dirasah Fiqhiyyah, Qanuniyah Muqaarinah
, Masters Dissertation, Hebron University 2010.
pp. 210-211. See also Ahmad M. al-Maraghi, Tafsir al-Maraghi
, (Egypt 1946), vol. 3, p. 71.
Saleha Fatima and Muhammad H. Lakhmi. “The Authenticity of Women’s Witness in Islam: A Study in the Light of al-Qur’an.” University of the Punjab. Al-Qalam
vol 20, issue 2. December, 2015. p.13.
Ighbariyah, A. Shahadat al-Nisa
(2010). Op cit. pp. 94-95.
Ibn al-Qayyim, Al-Turuq al-Hukmiyyah
(Makkah: Dar 'Alam al-Fawa'id, 2007), p. 415.
Mohammad Akram Nadwi, al-Muhaddithat: The Women Scholars in Islam
(Oxford: Interface Publications, 2007), p. 18.
Men like Urwah ibn al-Zubayr testified that Aisha was the most knowledgeable scholar amongst all the companions, and in many cases she contradicted and corrected the hadith
of other companions like Abu Hurayrah or Ibn Umar, and no jurist in the history of Islam ever claimed that her testimony was less than theirs because she was a woman. Imam al-Shawkani (d. 1250 H) attests to this in his writings.
Nadwi, p. 21; Fadel, p. 189.
There is a distinction in Islamic law between becoming a witness (taḥammul al-shahādah
) versus testifying as a witness (adāʾ al-shahādah
). Verse 2:282 describes the former (i.e., calling on people to bear witness to a financial transaction), but does not focus on how the judge deals with their testimonies later when they actually testify in court.
Fadel, p. 197; Ibn al-Qayyim, Iʿlām al-muwaqqaʿīn,
3 vols., ed. Ṭāhā ʿAbd al-Raʾūf Saʿd (Beirut: Dār al-Jīl, n.d.), 1:95.
Ibn al-Qayyim, Al-Ṭuruq al-Ḥukmiyyah
(Makkah: Dar ʿĀlam al-Fawāʾid, 2007), p. 430.
See for instance, Ja’far Sheikh Idris. Haqa’iq `Ulum al-Tajribiyyah...Haqa’iq Shar`iyyah
. November 12, 2012. Majallah al-Bayan no. 149. Available online
. Among the evidences the author cites is the hadith
in which Prophet Muhammad ﷺ did not prohibit intercourse with breastfeeding women (al-Ghīlah
) after noting that it was practiced by Romans and Persians without any ill effects to infants conceived as a result (Jami’ al-Tirmidhi
2221). The author precedes this with the comment, “There is a hadith
which demonstrates the Prophet utilised as evidence empirical matters (haqa’iq al-waqi`iyah
) in ascertaining religious rulings (al-masa’il al-shar`iyyah
Loftus, E. F., Banaji, M. R., Schooler, J. W., & Foster, R. (1987). Who remembers what? Gender differences in memory. Michigan Quarterly Review,
26, p. 79. Other research has noted that women generally have advantages in short term memory, working memory, facial memory, while men excel in visuospatial memory. Encyclopedia of Human Memory
. Ed. Annette Kujawski Taylor. (Greenwood 2013). p. 509.
Rashid Rida. Tafsir al-Manar
. 12 vols. (Beirut: Dar al-Ma’rifah), vol. 3, p. 124-5.
Gomaa, Ali. Al-Musawiya al-Insaniya fi’l Islam bayna Nadhariyya wal-Tatbeeq
. (Cairo: Dar al-Maʿārif, nd), 57. Arabic: (لكن إذا تطورت خبراتها وممارساتها وعاداتها، كانت شهادتها حتى في الإشهاد على حفظ الحقوق والديون مساوية لشهادة الرجل). Available Online
Ibid. Gomaa writes, “The legal basis (ʿillah
) that Ibn Taymiyyah provided for the wisdom of why the testimony of two women equals the testimony of one man is that a woman is not one who normally undertakes meetings relates to these types of transactions, but if her experiences, practices and customs changed, her testimony would equal that of a man even in matters of preserving legal rights and [matters of] financial debts.” The source of Gomaa’s argument appears to be the following passage in which Ibn al-Qayyim cites Ibn Taymiyyah as saying “So that which is from testimonies [of women] in which there is no fear of erring in routine practice (fī’l-ʿādah)
, they are not considered as half of a man.” See Ibn al-Qayyim, al-Ṭuruq al-ḥukmiyyah
, (Mecca: Dar ʿĀlam al-Fawāʾid 1428H), 400. However, one should note that Ibn Taymiyyah says this in the context of explaining why the witness of a sole woman is sufficient in matters like testifying about childbirth, breastfeeding, menstruation, etc. Hence Gomaa’s argument should be seen as his own derivation and not the position of Ibn Taymiyyah himself.
Gomaa, 58. In his exegesis, Mafātīḥ al-Ghayb
, Al-Rāzī notes that in practice this is the ijmāʿ
of the Muslims despite isolated viewpoints from Ibrahim al-Nakhaʿī and Ibn Jarīr al-Ṭabarī to the contrary.
Al-Zarkashī, Badr al-Dīn Muḥammad b. ‘Abd Allah, al-Baḥr al-Muḥīṭ. ‘Abd al-Qādir ‘Abd Allah al-
‘Ānī (ed.),(Kuwait: Ministry of Endowments and Islamic Affairs 1992), 2:357.
Al-Wāhidi, Asbāb Nuzūl al-Qur’ān
(Beirut: Dar Al-Kutub al-Ilmiyyah 1991), p.150.
Mary F. Radford, The Inheritance Rights of Women Under Jewish and Islamic Law, 23 B.C. Int'l & Comp. L. Rev.
135 (2000), p. 135.
Salah Soltan, Woman’s Inheritance in Islam: Discrimination or Justice?
, trans. Gihan ElGindy (Hilliard: Sultan Publisher, 2004), p. 39.
Nasr, Seyyid Hossein (ed.), The Study Qur’an
(NY: HarperOne, 2015), p. 194.
International Islamic Fiqh Academy, Op. Cit. p .65.
117 Sunan al-Dāraquṭnī
(4/97) and Sunan al-Kubrá of al-Bayḥaqī (6
Ibn ʿAbd al-Barr, Al-Tamhīd
(14/307). There is a minority of dissenting views with some scholars (from the four schools as well as the Dhahiris) unconditionally prohibiting any bequest to heirs (regardless of whether the other heirs consent) and others unconditionally permitting it. See Kitab al-Farāʾid wal-Mawarīth wal-Waṣāyā
of Dr. Muhammad al-Zuhayli (Damascus: Dar al-Kalim al-Tayyib 2001), pp. 440-5.
Ibn al-Mundhir (d. 318 H) notes an early consensus on this point (al-Awsat fi al-Sunan wa-lIjma wa-l-Ikhtilaf, Dar al-Kutub al-Ilmiyah,
vol. 4, p. 378).
Almaric Rumsey, Moohummudan Law of Inheritance and right and relations affecting it: Sunni Doctrine
, 3rd ed. (London: W.H. Allen, 1880) as cited in Alshankiti, Asma. A Doctrinal and Law and Economics Justification of the Treatment of Women in Islamic Inheritance Laws. Masters Thesis. 2012. University of Alberta, Edmonton, Canada.
Translation of Abdullah Yusuf Ali.
Mashhour, Amira, “Islamic Law and Gender Equality: Could There be a Common Ground?: A Study of Divorce and Polygamy in Sharia Law and Contemporary Legislation in Tunisia and Egypt,” Human Rights Quarterly
(Volume 27: 2, May 2005), 568.
Indeed, Ibn al-Qayyim argued that if one were to compare between what the Qur’an requires polygamous men to endure in terms of the toil, hardship, and consistency in simultaneously caring for all their wives and ensuring they are all equally content, and on the other hand compare what co-wives have to endure in terms of jealousy, one would find that polygamy—when practiced correctly—is actually a greater burden on men than women. See Ibn Al-Qayyim, Iʿlām al-Muwaqqiʿīn
, (Riyadh: Dar Ibn al-Jawziyyah, 2003) vol. 3, p. 326. Of course, the comparative burden of men versus women is not measurable and for many women it could be far greater; the point of this quotation is solely to demonstrate that this ruling was not considered to favor men.
Al-ʿImrani, Yahya Ibn Abi Khayr. Al-Bayan fi Fiqh al-Imam Shafi’i. (Jeddah: Dar al-Minhaj 2000) vol. 11, p. 189.
Mushir Hosain Kidwai, Women Under Different Social and Religious Laws: Buddhism, Judaism, Christianity, Islam, 103 (1976).
Rashid Rida. Tafsir al-Manar
. 12 vols. (Beirut: Dar al-Ma’rifah), vol. 4, p. 349; Mashhour, Amira, “Islamic Law and Gender Equality,” 568.
Souaiaia, Ahmed E, From Transitory Status to Perpetual Sententiae: Rethinking polygamy in Islamic Traditions. Hawwa
(Volume 2: 3, 2004), 294.
Ibid., and Nasr, Seyyid Hossein (ed.), The Study Qur’an
(NY: HarperOne, 2015), p. 190.
Mashhour, Amira, “Islamic Law and Gender Equality,” p. 569.
Ibn Saʿd, Tabaqat Ibn Sa’d
(Cairo: Maktabat Khānjī, 2001), vol. 10, p. 195.
Ibn Qudamah al-Maqdisi. Al-Mughni
. (Cairo: Maktabah al-Qahirah 1968). Vol 7, pp. 92-93.
2003 Health and Demographic Survey. Atlas of Gender Development. OECD. p.276.
Dalton and Leung. Why Is Polygyny More Prevalent in Western Africa? An African Slave Trade Perspective. Volume 62, Number 4 | July 2014. Economic Development and Cultural Change.