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. (41)
• Men shall have benefit from what they earn, and
  women shall have benefit from what they earn.
  (432)

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. (3021)
• In Arabia of the Prophets 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 (42-3)

5
Who can you marry?

• No mothers/fathers, daughters/sons,
  sisters/brothers, aunts/uncles paternal and
  maternal, milk brothers and sisters,
  wifes/husbands parents, stepchildren (if
  marriage consummated), spouse of your children or
  two sisters at once. (423)
• Not men/women your parents have married before
  (422) (fahisha wa maqt)
• No polytheist women until they believe, a
  believing slave is better than a polytheist
  (2221)
• Wa uhilla lakum ma wara dhalik ? ??? ??? ?? ????
  ??? (424)

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. (242)
• 80 lashes for accusation if you dont have 4
  witnesses (and never accepted as a witness after
  that, they are liars)! (243)
• 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.
  (2412) or it does not behoove us to speak of
  this, O Thou who art limitless in Thy glory this
  is an awesome slander. (2416)
• If a sinful person comes to you with a report,
  seek elucidation

8
Divorce

• Basic principle
• imsakun bi-marufin 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 maruf or let them go according
  to maruf. (2231)
• 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, 2228)
  ? 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. (2229)
• The Muhallal
• No shame in divorce or widowhood
• hinder them not from marrying other men if they
  have agreed according to maruf
• no sin if you give a hint of marriage offer
  done according to maruf to widows, not in secret

10
Children

• Women care for children until weaned after 2
  years (max) at the fathers 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 2/3s if only 1 girl, she
  gets ½
• Parents of the deceased each receive 1/6
• Husband gets ½ of wifes , or ¼ if there is a
  child
• Widow gets ¼ of husbands , 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?