Quranic Legislation

1. Quranic Legislation Family & Gender

2. Quranic Conception of Gender • Equality in essence, difference in condition • “O mankind, fear your Lord who created you from one living thing, then created from it its mate, and from those two spread abroad a multitude of men and women.” (4:1) • “Men shall have benefit from what they earn, and women shall have benefit from what they earn.” (4:32)

3. Marriage • Asl: “And among His signs is that He created for you your mates from among yourselves that you may dwell in tranquility with them, and He has put love and mercy between you. Indeed, in that there are signs for those who reflect.” (30:21) • In Arabia of the Prophet’s time marriage is the norm (ie. celibacy is not good)

4. Marriage – Polygamy • A necessity, but fairness if preferable • “And if you have reason to fear that you might not act equitably towards orphans, then marry from among the women such as are lawful for you: two or three or four. But if you fear that you will not be just with them, then only one, or what you possess…” (4:2-3)

5. Who can you marry? • No: mothers/fathers, daughters/sons, sisters/brothers, aunts/uncles paternal and maternal, milk brothers and sisters, wife’s/husband’s parents, stepchildren (if marriage consummated), spouse of your children or two sisters at once. (4:23) • Not men/women your parents have married before (4:22) (fahisha wa maqt) • No polytheist women until they believe, “a believing slave is better than a polytheist” (2:221) • Wa uhilla lakum ma wara’ dhalikو أحل لكم ما وراء ذلك (4:24)

6. Adultery • “Do not approach adultery” • 100 lashes for adulterer and adulteress • “let not compassion for them keep you from this law of God, if you believe in God and the Last Day, and let a group of the believers witness this chastisement.” (24:2) • 80 lashes for accusation if you don’t have 4 witnesses (and never accepted as a witness after that, they are “liars”)! (24:3) • War of the Roses?

7. Gossip and Rumors • “Why do not the believing men and women, whenever such [a rumor] is heard, think the best of one another and say, ‘this is a clear falsehood.’” (24:12) or “it does not behoove us to speak of this, O Thou who art limitless in Thy glory: this is an awesome slander.” (24:16) • “If a sinful person comes to you with a report, seek elucidation…”

8. Divorce • Basic principle: • “imsakun bi-ma’rufin aw tasrihun bi-ihsan” • “if you have divorced women and they have reached the end of their waiting period, then either keep them according to ma’ruf or let them go according to ma’ruf.” (2:231) • 3 divorce declarations • 3 monthly courses before divorce is valid (and they cannot conceal any pregnancy) • Women can refuse to have the divorce declaration rescinded, but men demand the divorce initially (“men have over them [women] precedence”, 2:228)  Khul’

9. After Divorce • Man cannot take back gifts or dowry… • But if a woman wants a divorce, and the husband is not at fault, then she “gives up as sacrifice” to leave the marriage. (2:229) • The Muhallal • No shame in divorce or widowhood: • “hinder them not from marrying other men if they have agreed according to ma’ruf” • “no sin if you give a hint of marriage offer” done according to ma’ruf to widows, not in secret

10. Children • Women care for children until weaned after 2 years (max) at the father’s expense

11. Inheritance: the ‘bounds set by God’ After bequest (wasiyya) or debts paid… • Male child receives twice what the female child receives; if more than 2 girls, then they all receive a total of 2/3’s; if only 1 girl, she gets ½ • Parents of the deceased each receive 1/6 • Husband gets ½ of wife’s $, or ¼ if there is a child • Widow gets ¼ of husband’s $, or 1/8 if there is a child

12. More Inheritance After bequest or debts: • No parents or children (kalala)? A brother and sister each get 1/6, or if more than two, share in 1/3 Sunna overruling Quran?