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Law Banning Violence Against Women Violates Sharia


Society & Culture  (tags: Islam, Sharia, Wife Beating, women's rights, human rights, Islamic violence )

Beth
- 536 days ago - dw.de
For supporters of Sharia law, physical abuse should not be considered an act of violence against women, Masooda Karochi said. Opponents of the decree say it contradicts Sharia - the moral code and religious law of Islam.



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Comments

Beth S. (323)
Wednesday March 13, 2013, 6:23 pm


A draft law that would end violence against women is being debated in the Afghan Parliament. But it is finding little support among MPs, who feel that it violates traditional values.

It has been three years since Afghan President Hamid Karzai signed a decree to end violence against women. The draft law, which is supposed to allow women more freedom and protect them from violence, has yet to be adopted in parliament. But courts can use it as a basis for their work.

Opponents of the decree say it contradicts Sharia - the moral code and religious law of Islam. Most of the proponents, however, are among the 68 women in parliament, for whom a quarter of the seats are reserved. They are trying to reconcile a modern interpretation of Islam with the law.

"They are all fundamentalists and extremists," Member of Parliament (MP) Masooda Karochi told DW. "If a lunatic protests that this law is against Sharia, then you can imagine what consequences it can have." Sharia proponents make it impossible to have a constructive discussion, she noted.
A twelve year old Afghan bride during the wedding ceremony in Herat on Sunday 25 December 2005. (Photo: FARAHANAZ KARIMY +++(c) dpa - Report+++) The law would make 12-year-old brides a thing of the past

Controversy over the age of marriage

For supporters of Sharia law, physical abuse should not be considered an act of violence against women, Masooda Karochi said. But because physical abuse of women is the norm in Afghanistan, Karzai's decree has allowed women to report incidences of domestic violence, leading to the break up of several families.

In the draft, the legal age of marriage is 16 - another thorn in the side of its opponents. Basing their argument on Islam, they say that the beginning of puberty determines when a girl can be married. Also, Sharia stipulates that fathers alone can make decisions on whom their daughters marry and when.

Law provokes violence

The draft law is also provoking its opponents because it says that women should be allowed to work. "Islam says that a woman cannot work outside the house unless she has her husband's permission. It is the responsibility of the man to fulfill all the needs of his wife," said MP Sayed Hossain Alemi Balkhi. "If this is the case, then the man certainly has the right to expect his wife to ask for his permission before she leaves the house."
Afghan Parliamentarians listen to a speech by President Hamid Karzai (not in picture) during the opening session of Afghan Parliament in Kabul, Afghanistan, 06 March 2013. (Photo: EPA/S. SABAWOON) A quarter of the seats in the Afghan Parliament are reserved for women

Balkhi believes that it is all propaganda - an effort by activists and local media, who are trying to draw attention to violence against women. And instead of trying to curb violence against women, they are only fueling it, he said. "Let's say your husband beats you and you leave for a women's shelter. You leave your home because your husband beats you. Then you stay there waiting for him to come and take you back."

The MP believes the law would not end abuse. "The husband would definitely end up killing his wife the next time. Instead of curbing violence, the law provokes it further." This view is widespread among conservative MPs. And the arguments of the proponents of the draft law, especially the female MPs, fall on deaf ears.

A symbolic law

Even if the draft law to end violence against women were to be passed, it would hardly change their situation. Aziz Rafi, who heads the Afghanistan Civil Society Forum, believes the battle is lost.

"Afghan law is very problematic and complicated. There is a lot of corruption. We doubt that the law will help curb violence against women," he told DW.

Afghan women are not pinning their hopes on this draft law. Their continued support for it is more about sending a clear signal.
 

Latoya Brookins (23)
Wednesday March 13, 2013, 6:53 pm
The Sharia Law is just using religion (which should be holy and above cruelty) to try to justify violence and oppression. That is not being closer to God/Allah. There is nothing holy in hurting those weaker than you. There is nothing holy about giving in to anger and bloodlust. There is nothing holy about loving the feeling of having power over someone else. There is nothing holy about taking away someone else's power.
 

Beth S. (323)
Wednesday March 13, 2013, 8:53 pm
Latoya,

I agree with you that it sure doesn't seem holy to me to beat wives and those weaker, but unfortunately, Islam does sanction it. Here are some quotes, from TROP.

Question:

Does Islam permit a man to hit his wife?


Summary Answer:

Yes, but only if she doesn't do as he asks. The beating must cease if the woman complies with her husband's demands. Beating is also intended to be the last resort of coercing submission, behind verbal abuse and abandonment.

According her testimony in the Hadith, Muhammad, physically struck his favorite wife for leaving the house without his permission. It is not known how he treated his less-favored wives.

The Qur'an:

Qur'an (4:34) - "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."

Qur'an (38:44) - "And take in your hand a green branch and beat her with it, and do not break your oath..." Allah telling Job to beat his wife.

From the Hadith:

Bukhari (72:715) - A woman came to Muhammad and begged her to stop her husband from beating her. Her skin was bruised so badly that she it is described as being "greener" than the green veil she was wearing. Muhammad did not admonish her husband, but instead ordered her to return to him and submit to his sexual desires.

Bukhari (72:715) - "Aisha said, 'I have not seen any woman suffering as much as the believing women'" This is Muhammad's own wife complaining of the abuse that the women of her religions suffer relative to other women.

Muslim (4:2127) - Muhammad struck his favorite wife, Aisha, in the chest one evening when she left the house without his permission. Aisha narrates, "He struck me on the chest which caused me pain."

Muslim (9:3506) - Muhammad's father-in-laws (Abu Bakr and Umar) amused him by slapping his wives (Aisha and Hafsa) for annoying him. According to the Hadith, the prophet of Islam laughed upon hearing this.

Abu Dawud (2141) - "Iyas bin ‘Abd Allah bin Abi Dhubab reported the Apostle of Allah (may peace be upon him) as saying: Do not beat Allah’s handmaidens, but when ‘Umar came to the Apostle of Allah (may peace be upon him) and said: Women have become emboldened towards their husbands, he (the Prophet) gave permission to beat them." At first, Muhammad forbade men from beating their wives, but he rescinded this once it was reported that women were becoming emboldened toward their husbands. Beatings are sometimes necessary to keep women in their place.

Abu Dawud (2142) - "The Prophet (peace be upon him) said: A man will not be asked as to why he beat his wife."

Abu Dawud (2126) - "A man from the Ansar called Basrah said: 'I married a virgin woman in her veil. When I entered upon her, I found her pregnant. (I mentioned this to the Prophet).' The Prophet (peace_be_upon_him) said: 'She will get the dower, for you made her vagina lawful for you. The child will be your slave. When she has begotten (a child), flog her'" A Muslim man thinks his is getting a virgin, then finds out she is pregnant. Muhammad tells him to treat the woman as a sex slave and then flog her after she has delivered the child.

Ibn Ishaq/Hisham 969 - Requires that a married woman be "put in a separate room and beaten lightly" if she "act in a sexual manner toward others." According to the Hadith, this can be for an offense as petty as merely being alone with a man to whom she is not related.

Kash-shaf (the revealer) of al-Zamkhshari (Vol. 1, p. 525) - [Muhammad said] "Hang up your scourge where your wife can see it"

Additional Notes:

Some contemporary Muslim apologists often squirm over this relatively straightforward verse from the Qur'an (4:34) - which actually give men the right to beat their wives if they even have a "fear" of disloyalty or disobedience. Their rhetorical aerobics inspired us to write a separate article:

Wife Beating- Good Enough for Muhammad, Good Enough for You

Others are not nearly as squeamish. Sheikh Yousef al-Qaradhawi, one of the most respected Muslim clerics in the world, once made the famous (and somewhat ridiculous statement) that "It is forbidden to beat the woman, unless it is necessary." He also went on to say that "one may beat only to safeguard Islamic behavior," leaving no doubt that wife-beating is a matter of religious sanction. (source)

Dr. Muzammil Saddiqi, the former president of ISNA (the Islamic Society of North America), a mainstream Muslim organization, says it is important that a wife "recognizes the authority of her husband in the house" and that he may use physical force if he is "sure it would improve the situation." (source)

Sheikh Dr. Ahmad Muhammad Ahmad Al-Tayyeb, the head of Al-Azhar, Sunni Islam's most prestigious institution says that "light beatings" and "punching" are part of a program to "reform the wife" (source).

Dr. Jamal Badawi endorses corporal punishment as "another measure that may save the marriage" (source). He isn't clear on how striking a woman will make her more inclined toward staying with her assailant, unless the implication is fear of a more serious beating if she leaves.

Egyptian cleric, Abd al-Rahman Mansour, said in a 2012 televised broadcast that in addition to discouraging the wife from filing divorce, beatings would inspire the wife to "treat him with kindness and respect, and know that her husband has a higher status than her." (source)

During Ramadan of 2010, another cleric named Sa'd Arafat actually said the woman is "honored" by the beating (source). No one else seemed terribly surprised by this.

An undercover report from progressive Sweden in 2012 found that 60% of mosques there actually advised beaten women not to report the abuse to the police. These women were also told that they must submit to non-consensual 'sex' with their husbands. (source)

In the birthplace of Islam, about half of Saudi women are beaten at home. "Hands and sticks were found to be used mostly in beating women, following by men’s head cover and to a lesser extent, sharp objects." (source)

According to Islamic law, a husband may strike his wife for any one of the following four reasons:

- She does not attempt to make herself beautiful for him (ie. "let's herself go")

- She refuses to meet his sexual demands

- She leaves the house without his permission or for a "legitimate reason"

- She neglects her religious duties

Any of these are also sufficient grounds for divorce.

Respected Quran scholars from the past interpreted verse 4:34 with impressive candor. Tabari said that it means to "admonish them, but if they refused to repent, then tie them up in their homes and beat them until they obey Allah’s commands toward you." Qurtubi told wife-beaters to try to avoid breaking bones, but added that "it is not a crime if it leads to death." (source)

Muslim apologists sometimes say that Muhammad ordered that women not be harmed, but they are actually basing this on what he said before or during battle, such as in Bukhari (59:447), when Muhammad issued a command for all the men of Quraiza be killed and the women and children taken as slaves. (Having your husband murdered and being forced into sexual slavery apparently doesn't qualify as "harm" under the Islamic model).

But, in fact, there are a number of cases in which Muhammad did have women killed in the most brutal fashion. One was Asma bint Marwan, a mother or five, who wrote a poem criticizing the Medinans for accepting Muhammad after he had ordered the murder of an elderly man. In this case, the prophet's assassins literally pulled a sleeping infant from her breast and stabbed her to death.


After taking Mecca in 630, Muhammad also ordered the murder of a slave girl who had merely made up songs mocking him. The Hadith are rife as well with accounts of women planted in the ground on Muhammad's command and pelted to death with stones for sexual immorality - yet the prophet of Islam actually encouraged his own men to rape women captured in battle (Abu Dawood 2150, Muslim 3433) and did not punish them for killing non-Muslim women (as Khalid ibn Walid did on several occasions - see Ibn Ishaq 838 and 856).


In summary, according to the Qur'an, Hadith and Islamic law, a woman may indeed have physical harm done to her if the circumstances warrant, with one such allowance being in the case of disobedience. This certainly does not mean that all Muslim men beat their wives, only that Islam permits them to do so.
 

Stan B. (124)
Wednesday March 13, 2013, 11:17 pm
Thanks for this post and for sharing your amazing knowledge on this subject, Beth.
Who would want to be a woman in a hell-hole like Afghanistan???
 

Past Member (0)
Thursday March 14, 2013, 3:44 am
No Violence
 

Carol D. (109)
Thursday March 14, 2013, 8:58 am
Sharia law is there for one thing to give power to men over women


noted thanks
 

Unnikrishnan Sasidharan (48)
Thursday March 14, 2013, 9:12 am
Of course it does

Sura al-Baqarah 2:223 Your women are a tilth for you (to cultivate) so go to your tilth as ye will, and send (good deeds) before you for your souls, and fear Allah, and know that ye will (one day) meet Him. Give glad tidings to believers, (O Muhammad)
 

Gene Jacobson (251)
Thursday March 14, 2013, 11:49 am
"Afghan women are not pinning their hopes on this draft law. Their continued support for it is more about sending a clear signal."

Well they are wise to not pin their hopes on this, they do need to continue sending not signals but clear words that violence against women is NEVER acceptable, nor is it any male, husband or not, kind of right. Remember what life was like for Afghani women under the Taliban? They were the most abused women on the planet. And we stood by and watched as they were beaten, murdered, prevented from having any rights as a human being. I thought we should have helped them LONG before 9/11, it was cowardly of the world to accept what was happening there while the Taliban thumbed its nose at the world. Their horrid religious police running around in pickup trucks beating women and worse. Karzai is a joke. He'll stay in office about 5 minutes after the last coalition soldier leaves or join the Taliban himself. The one thing he certainly won't do is protect Afghanistan's women. No one will.
 

Carol Dreeszen (364)
Thursday March 14, 2013, 12:55 pm
This is so pathetically sick!!!
 

Sarah G. (110)
Thursday March 14, 2013, 1:25 pm
What an utterly revolting system of tyranny and mindless obedience!
 

Madhu Pillai (22)
Thursday March 14, 2013, 3:33 pm
Agree with Gene, Karzai is a joke, and yes west should have helped Afghani women long before 9/11. But America was arming Taliban to fight the Russians, now Taliban is a force to reckon with.
 

Russell R. (87)
Thursday March 14, 2013, 4:47 pm
The MP believes the law would not end abuse. "The husband would definitely end up killing his wife the next time. Instead of curbing violence, the law provokes it further."
These people are sick! The women need to rise up and say , "No More!" They live in Fear!
 

Vivien Green (150)
Thursday March 14, 2013, 5:49 pm
Sharia law unfortunately is spreading it's pernicious tentacle into the U.K.
It is an effrontery to "Human Rights"
 

pam w. (191)
Thursday March 14, 2013, 9:02 pm
Thanks, Beth, for the actual texts and examples.

ANYONE who argues that Islam treats women as equals (much less ''protects'' them) is simply in denial!

 

caroline s. (79)
Friday March 15, 2013, 12:54 am
tout ça me donne envie de vomir.
 

paul m. (93)
Friday March 15, 2013, 6:25 am

Noted.....
 

Many Feathers (134)
Friday March 15, 2013, 7:05 am
condemn this evil practice against women
 

Nancy M. (201)
Friday March 15, 2013, 1:16 pm
Thanks for posting this. Glad I don't live in Afghanistan!
 

Bill Reese (138)
Friday March 15, 2013, 6:01 pm
Islamic laws are totally assine,and should be outlawed by the UN from being a law in any country. However, there are some Muslims that are more moderate that others that are more of the old Koran teachings. Does anyone on here realize we have at least two area in the US that uses Sharia Law in their communities and our US DOJ does nothing! How sad, that we are allowing women to be second class citizens right under our noses and our administration does nothing to stop it. We need to clean our own house and then help other countries clean their if they so desire.
 

Spirit Spider (86)
Sunday March 17, 2013, 10:34 pm
Very sad situation
 

Bill Reese (138)
Monday March 18, 2013, 2:58 pm
Nancy, I agree with your statement, but also Pakistan, Indonesia, Egypt, Iran and Dearborn Mi. Some Muslims are more mild than other groups, However, the Koran is their guide and it tells them to rule the world.
 

Jude Hand (59)
Tuesday March 19, 2013, 4:23 pm
Noted. So very sad. After reading that article, I was surprised to see female and male members of parliament sitting next to each other.
 

Bill Reese (138)
Wednesday March 19, 2014, 7:59 pm
I hope everyone realizes that we have at least three Muslims of the brotherhood working for Obama as Czars and one that is a convicted terrorist associated with the Al Qaida working for our wonderful crooked IRS in the financial department.
Dearborn Mi. is demanding that Muslims patrol their streets so they can use Sharia law more often.
America needs to be woke up, we have some schools that teach the Koran but they will not let the students use the word Jesus or carry a bible in the school. We are seeing the ruination of America by a Kenyan Muslim. The biggest fraud ever pulled on America in the History of America.
 

Beth S. (323)
Thursday March 20, 2014, 8:21 am
I agree, Bill, and I hope you take the opportunity to speak out on the articles that are coming out weekly that provide an excellent opportunity to express these sentiments!

Thanks for speaking up!
 
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