[ April 19, 2024 ]
The OIC (Organization of the Islamic Conference), the organization largely driving the UN and the movement to ban free speech worldwide, issued its fatwa on Islamic misogyny, gender apartheid, subjugation and oppression of women in 2009. Thanks much to Mark Durie, who translated it for us:
OIC Fatwa on Domestic Violence and the Rights of Women in Islam
In April 2009, the Islamic Fiqh Academy made a ruling entitled ‘Domestic Violence’. This is a highly significant document which reflects a high-level consensus of leading Muslim scholars in the world today. It was clearly issued in the context of criticisms of Islam and Muslim societies for the treatment of women.The Islamic Fiqh Academy (IFA) was established by the Organization for the Islamic Conference in 1981. It is comprised of 43 scholars, who are elite Islamic jurists of their respective nations. Many are chief justices or grand muftis of their nations. IFA's resolutions are in Arabic, and they can be found on their website at http://www.fiqhacademy.org.sa/.IFA's aims are:
- to unite the Ummah (the global Muslim community, conceived of as a single nation, by conforming conduct to the norms of Islam at all levels (from individual to international);
- to apply Islam to contemporary problems;
- and to create a body of Islamic jurisprudence to meet the needs of modern life.
In IFA's deliberations, issues are subjected to extensive research, with prior distribution of papers, extensive consultation and discussion, before rulings are agreed upon and issued. These rulings are very distilled. The process “allows for a Muslim to see the final opinion without having to use up time and effort considering the research consultations that may extend to hundreds of pages”.
Story continues below advertisementUndoubtedly IFA speaks for the Islamic mainstream. In the words of Dr Abdul-Salam Al-Abbadi, Secretary General of IFA, it is intended to function as the ‘supreme juristic reference for the Muslim world’. Furthermore, IFA's rulings have the backing of the OIC, which is one of the most significant groupings of states in the world today.IFA's fatwa or ruling on domestic violence warrants detailed study. It is not possible to do justice to it in this blog post. A translation into English is given below. A few key features are:
- This fatwa represents the unapologetic assertion of the absolute authority of the sharia over all understandings of human rights as they apply to women and the family, specifically including international human rights conventions and covenants. Islamic states are instructed to ignore every article of any convention or covenant which is inconsistent with the sharia.
- The fatwa upholds the right of a husband to beat his wife: wife-beating is specifically excluded from its definition of 'domestic violence', as long as the beating conforms to sharia requirements. The memorable phrase 'non-violent beating' is coined to express this perspective. Note also the implied threat which warns against 'slander' in the context of resolving marital disputes (implying that a woman must not criticize her husband).
Here are some hadiths of Muhammad on wife-beating from Sunan Abu Dawud:
• Muhammad: 'When one of you inflicts a beating, he should avoid beating the face.'
• Muhammad: "A man will not be asked as to why he beat his wife." – this principle means that a man cannot required to answer to a sharia court for beating his wife.
• Muhammad: "Do not beat your wife as you beat your slave-girl."
• Muhammad: "They are not the best among you." – said of women who complained to Muhammad when he gave permission for their husbands to beat them.- This fatwa also upholds the right of a husband to rape his wife, for it is not 'domestic violence' for a man to insist upon his conjugal rights (section 2(F)). The key term ihsan 'preservation' is very difficult to translate into English. It is derived from the root h.s.n which means to fortify or make something inaccessible by building a fortified wall around it. A 'fortified' woman is a married woman who has a husband to protect her. He also has conjugal rights over her (as she is kept inside his fortress). The meaning of ihsan is defined by Lane as: ‘With the lawyers, ihsan means the act of coitus conjugalis in a case of valid marriage.’ This fatwa is written in legal language, so what 2(F) is saying is that it is not domestic violence for a Muslim man to 'fortress' his wife, and force her to have sex with him, even if she is unwilling.
- The fatwa also upholds the right of a male guardian to contract the marriage of a virgin female (2(H)): he has the right to marry her to another. Muhammad said that a virgin gives permission to a marriage 'by her silence': in practice this often means the guardian has the sole say over who she will marry.
- The fatwa also implicitly upholds the sharia's laws concerning the treatment of adulterers (2(A)).
- The fatwa endorses a husband's guardianship over his wife: this means that he legally controls her in many respects.
- There is implacable opposition to principles of equality between the sexes.
- The right of women to move around freely in public without a supervising male is rejected as contrary to sharia law.
- The fatwa upholds sharia law's non-reciprocal approach to divorce, which make it easy for man to divorce his wife, but very difficult for a women to obtain a divorce, except through a difficult legal process. (In fact Arabic has two different words for these: a divorce initiated by a man, and one initiated by a woman are regarded as two quite different things.) If a man divorces his wife, this is halal 'permitted' – although disprefered – but if a woman divorces her husband without "just cause", this is a mortal sin:
• Muhammad said: "If any woman asks her husband for divorce without some strong reason, the odor of Paradise will be forbidden to her." (Sunan Abu Dawud).- This fatwa implicitly upholds many other aspects of sharia law which are opposed to women's rights. An example is the rule that if a woman sues for divorce for excessive beatings, she must return the brideprice he paid for her (i.e. she must pay him to win her divorce). Another is the shockingly humiliating law that a woman irrevocably divorced by her husband can only remarry him after she has married another, had sexual relations with the new husband, and been divorced by him (or he dies first). These regulations, and the way in which they work to deny women basic rights of safety and equality before the law have been well-documented by others and can be found in Islamic legal texts, but deserved to be better known. This fatwa upholds such conservative time-honored principles of sharia law without conceding an inch to modern understandings of human dignity or human rights.
I find it quite incredible that this fatwa has been in circulation in Arabic for two years, and it is backed by the most eminent and credible of Muslim jurists, yet western human rights activists and feminist scholars appear to have paid it no attention whatsoever.
Does the status in sharia law of hundreds of millions of Muslim women attract such little interest?! Are the intellectuals of the West really so morally depraved? Do our silences not tell the truth about who we are? Have we really become so heartless and cruel? I would warmly welcome any information which could lead me to revise this assessment for the better. (Suggested improvements to the translation from Arabic are also warmly welcomed.)
==============
THE TRANSLATION
==============
Domestic violence.
The Council of the International Islamic Fiqh Academy, an offshoot of the Organization of the Islamic Conference, held its nineteenth session in the Emirate of Sharjah (United Arab Emirates) from 1-5 Jamadi I, 1430 AH (April 26-30, 2009).
After reviewing the research brought to its attention on the subject of domestic violence, and after listening to discussions on the the subject, and after considering established religious principles for the necessity of establishing the family on the great basis of affection and love, and the provision of legislation which achieves stability and tranquility, and considering that deviations from this approach spread violence in the family, [the Council] have decided the following:
1. the concept of domestic violence
What is meant by violence is acts or words of violence committed by a family member against another member of the same family, which are characterized by severity and cruelty causing physical or mental harm to the family or one of its members, such conduct being prohibited [haram] because it contravenes the objectives of Sharia law for the protection of the soul and mind, and because it contradicts the Lord’s order, which is based on kindness and righteousness in relationships.
2. [the following] are not considered to be violence or discrimination from the Islamic perspective:
(A) Adherance to sharia rulings governing marital relationships, and the prohibition of illicit conjugal unions.
(B) Denying access to contraceptives for illegally married couples.
(C) The prohibition of abortion, except in exceptional medical cases determined by the sharia.
(D) The criminalization of homosexuality.
(E) A husband forbidding his wife from travelling alone, except with his permission and in accordance with the sharia.
(F) The legal Islamic right of husband and wife to abstain from evil and "preservation" (ihsan), even if one of them is unwilling.
(G) The women’s primary role in caring for children and the family home, and the husband’s responsibility of stewardship [i.e. maintenance and guardianship].
(H) Legal guardianship over a virgin female in (entering into a contract for her) marriage.
(I) What the shari’s has established regarding the division of inheritance and wills.
(J) Legal divorce in accordance with the shari’a.
(K) Polygamy based on justice.
3. The Islamic approach of settling marital disputes
When settling marital disputes, especially regarding a disobedient wife who has exalted herself against her husband [i.e. she disobeys him] the following Islamic legal standards are to be observed:
(A) Avoid insults, defamation and slander.
(B) Follow the sharia in dealing with the wife, commencing with preaching [admonishing her], then [sexual] abandonment [of the wife], and ending with non-violent beating, which [can be defined as] almost waving it without doing it. To resort to [beating] is the opposite of what is preferred, for [Muhammad] said: “those of you who are the best, shall not beat”, and [one should] follow the example of his action, that he did not ever beat a woman.
(C) Resort to the judgment of two people when the dispute is exacerbated.
(D) Resort to the divorce system in accordance with rules established by sharia regulations (for revocable divorce, major or minor irrevocable divorce, and times of its occurrence), and regarding it as the worst of the halal [what is permitted] from Allah.
4. The council determines as follows
(A) At the level of the family:
i. Focus on bringing up children in a faith-based manner, as a pathway for nurturing them socially;
ii. Emphasize established rules of the sharia related to the construction of the family, such as cooperation, affection, compassion, kindness, righteousness, and kindness between the spouses.
iii. Adopt dialogue to resolve internal family issues.
(B) At the level of official institutions and departments:
i. Hold periodic workshops to raise the awareness of families about the risks of violence, and to establish the dialogue approach.
ii. Require educational institutions to teach [material which] addresses issues of domestic violence in its various forms and manifestations.
iii. Coordinate between relevant ministries and departments to adopt a unified and consistent policy, to preserve the fundamental principles of the nation [ummah] in the face of the westernizing trends aimed at the family.
iv. Provide guidance for the media to assume its responsibilities in a framework for the right path to social development.
(C) At the level of Muslim countries:
i. It is necessary to submit all international conventions regarding women and children, as well as draft laws, to sharia specialists and legal scholars, before they are issued and signed into law. [They are] to be weighed against the sharia: what conflicts with the provisions and purposes of the sharia is to be rejected. It is necessary to call upon Islamic governments to review agreements that have been signed, to identify articles which are inconsistent with the sharia, and to reject those articles, without negating positive aspects which do not contradict the sharia.
ii. Reject any articles of international agreements and conventions which are contrary to the provisions of sharia law: [such as] call for the abolition of innate differences between the roles of men and women in society and advocate for full equality between male and female in all degrees of inheritance, and abuse the divorce system in the Islamic sharia, calling for the abolition of supremacy of men over the family, and other things which are established in the Islamic sharia.
iii. Reject all clauses contained in agreements which permit the violation of Islamic laws and natural instincts, such as allowing same sex marriage and sexual relations outside of a legal marrage, and mixing [of the sexes] in a way which is legally prohibited, and other clauses which contradict the provisions of the Islamic sharia.
iv. Call upon all legislative bodies to enact laws that criminalize all forms of violence between family members, on the grounds that sharia law has forbidden such acts.
v. Limit executive authority to the relevant judicial authorities.
vi. Emphasize a commitment to preserve the specifics of Islamic culture and sharia rulings, and respect the reservations of Muslim governments and their representatives concerning clauses which contradict Islamic law in covenants and conventions related to the family.
vii. Form a committee to prepare a code to regulate the rights and duties of members of the family, which will lead to the drafting of a Family Law Code compatible with Islamic law.
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27 Comments
12 years ago
http://newstime.co.nz/i-will-fear-no-evil.html
I will fear no evil – A video message from Iranian women for The UN
A woman is worth one-half a man. 2:282
4:34 “beat them” (women)
12 years ago
Does this ean I can sware at my slave girl while I beat her and rape her, but I can only beat my wife, not on the face and can not swear at her while I rape her?
Islam, what is there not to like about it for a dirty male chavonistic pig such as myself. And to think STUPID American women are the major base of the DEMO party and the RINOs that push this cr@p on us. LOL!
12 years ago
Mac — yeah, I think that’s it. All in the interest of “kindness and righteousness in relationships”, of course.
What would it take to get the morons in this county — the DhimmiDemocrats and RidicuRhinos, as Mac points out — to even look at this? To tear their eyes away from Dancing With The Fat Washed Up TV Stars long enough to notice that dirty pontificating old men in long beards and Dark Age desert costumes, who probably “enjoy” young boys on the side, have proclaimed that regardless of what it states in American law — because Moooo-Slums are members of the “Ummah” first and Americans only as an afterthought, and “westernizing trends” such as womens’ rights must be fought — a muslim male has the “right” to beat and rape his wife. And that unless they haul their fat butts off those couches and tell their representatives to get legislation passed that absolutely and forever excludes sharia in any way, shape, or form from American jurisprudence, some day those “slave girls” could be their daughters, if the Stealth Jihad succeeds.
The ragheads even lie in their own sharia. Mo-hothead did indeed beat a woman: Aisha, by her own testimony. He struck her “in the chest”. “Lightly” of course. Or is that fatwa doctored for kaffir consumption? Their rulings on the alleged necessity for peace and kindness in the home are sheer hypocrisy; cruelty and violence are constant threats to any female in a muslim environment. But then, the only “soul and mind” considered important in Islam is one with a penis attached. But the dhimmis will pounce on “1” to claim that sharia is kind and loving and will not bother to read the rest. They’ve heard what they want to hear, nothing else matters.
We know the intellectuals of the West have become morally depraved. All things considered, that is hardly a surprise. It’s the level of depravity of ordinary citizens who turn away from this as something that “does not concern” them that we have to worry about. It is that level of depravity that will re-elect the Muslim Marxist a year from November, unwittingly and uncaringly handing Islam a clear path, because once Zero doesn’t have to worry about re-election any more, he can drop the mask and be as muslim as he wants to be. Caliph, anyone?
12 years ago
If you are over-lenient with your wife, might she not become rebellious and do something to bring dishonor on you, necessitating killing her to cleanse honor? So you see, in context, you can consider your beating her (or them) a humane policy.
12 years ago
The western liberals and the mass media has put so much effort into promoting and indoctrinating in
North America and Europe this notion of multiculturalism being wonderful that they are willing to turn a blind eye, make an excuse or cover up anything negative about Islam. Even when one their own is gang raped in Egypt during the ” Arab Spring ” they cover it up. To start reporting truthfully about Islam now would be like admitting they were/are wrong totally about Islam and multiculturalism. They will never admit
that they were wrong. Can you imagine Hillary Clinton saying she was wrong about something important. It would be a cold day in hell before that happens. That is what we are seeing right now.If the main stream media and liberal elites would start to report and tell the truth Islam’s entire world wide offensive would grind to a halt. Sadly this will not happen and as a results cultural wars will break out and many people will have to die in the future.
12 years ago
Hilarious and deadly. This imam could be from a SNL sketch, from the good years, if it wasn’t true. Could you see Dan Aykroyd as the Imam and Jane Curtin interviewing him? Jane….”you ignorant slut”
12 years ago
Your correct. Once again, how can anyone argue with Islamic logic. Look at ALL 57 Islamic Paradices they have created. Just ask El Presidentee. LOL!
12 years ago
The most disgusting thing is the STUPID American people will probably reElect El Presidentee again. And anyone with half a brain cell knows ALL he has done is purposefully weakened our country to hasten it’s collapse!
12 years ago
if my husband threatened me with a wet noodle, I would leave him. F!@@#$ Islam.
12 years ago
So a Taliban Muzzie-man thinks he can prevent his wimminz from learning more than the basics of housekeeping and breeding, subject them to one-way S and M if they don’t comply, but HE WILL EAT THE FOOD THEY PREPARE AND SERVE? I wonder what the death rate from “mysterious causes” is in Islamic countries.
12 years ago
Carl V. “Sam” Lamb and I served side-by-side as rifle-squad
leaders Fox Company, “Chesty” Puller’s 1st Marines, 1st Marine
Division. He wrote a book about our experiences in the Korean
conflict, 1950-1951. He included my remarks about an incident in
which one of our people threatened to punch-out a fellow squad-
leader who had black skin.
+ + +
THE LAST PARADE
by Carl V. Lamb Page 296 (1951)
James Fletcher Baxter
Sam and I had a lot in common. We both resisted evil. After I
got out of the hospital, ‘Big Jim’ Causey told of driving along
in his police cruiser and hitting a black man in his head
with his pistol. He thought it was funny how the guy sprawled
into the street. When he made this comment we were in a card
game. I didn’t say anything, but then he said he was going to
kick the ____ out of Joe Goggins and I had heard enough.
I said, “If you’re going to try that, you’ll have to go through
me to get to him. I’m willing to give my life for a country
that values each individual. If that isn’t true, I don’t want
to fight for that country – but, it is true, so I’m not going
to let you rob me of the very good reason I may lose my life
tomorrow or next week. If you attack him, you attack me. I
may lose, but I guarantee I will make it very expensive for
you to get to him. Let me know what you decide.”
He got up from our card game and said, “I’ll have to think
about it.”
I said, “Let me know. I’ll be here.”
He came back a little later and said, “You’re right. I was
wrong.” I thanked him for his manliness.
Joe Goggins came to me later and thanked me. He had wet eyes.
+ + +
(5/30/11)
Shortly after the above event, Causey was sent home on a
medical emergency for a family member. On the way, he
made a stop at a Naval medical facility stateside and ran into
my brother, Sgt. Howard “Barney” Baxter, 5th Marines, with
Chosen Reservoir frost-bitten feet. My brother said Causey
told him what had happened, and that it had “changed his life
forever.” Never again would he do “the collective thing” of race
abuse. He saw the value of each individual, regardless of race,
station, or gender. He even forgave himself and became a worthy
and honorable U.S. Marine.
Jim Baxter
Sgt. USMC
WWII & Korean War
semper fidelis
pointman/follower of The Lion of Judah
INDIVIDUAL VALUE – Gift of Y’shua JESUS
by James Fletcher Baxter
The Old World method of measuring human value was,
and still is, by the group. Whether tribe, clan,
city-state, color, ethnic, or gender, the Old
World, ancient and modern, measures by the plural
unit. Individuals had and have no value of them-
selves but only as they were and are part of a
collective.
When Y’shua Jesus died on the cross, the veil of
the Temple at the Holy of Holies parted from the
top down. The individual believer in the congrega-
tion had, for the first time, a face-to-face, one-
on-one relation with his Creator. The Creator,
Himself, had validated each individual for the
first time.Thus, the Individual became the corner-
stone for later human value measuring systems:
socio-political, philosophical, religious, educa-
tional, economic, etc., henceforth and forever.
Western Civilization, America, English Law, civil
Rights, the ‘democratic’ process, etc., all sprang
from that single event. (Greco-Roman ‘democracies’
were 95% slave throughout their entire histories.)
Biblical principles are still today the foundation
under Western Civilization and the American way of
life.
Many social systems attempt to borrow ideas of
“democracy” without the basic premise in The Indi-
vidual. Such a system is only superficially and
temporarily ‘democratic.’ The cornerstone of the
democratic process is The Individual and the
cornerstone of the value of The Individual is
Y’shua Jesus! It is not possible to have one with-
out the other. There is only One Source – there is
no other.
It is additionally interesting to note that all
value measuring systems are based on the single
definitive unit of the system. Ex: Number, Time,
Distance, Weight, Heat, Money, Angle, Volume, etc.
Only humanism makes the abusive error of measuring
human value by the plural unit and attempts to
build social structures, relations, and institu-
tions thereon. Such man-made systems can only be
abusive and oppressive because in reality there
are only individual persons. Groups or collectives
are merely convenient verbalizations about indi-
viduals. They are not reality.
I have yet to see a ‘group.’ All I have ever seen
are individuals.Have you ever seen a group – or is
it a verbal convenience? Reality is only in the
individual person. And, such a validation never
derived from a human source without the initiative
of the Creator. (The French Rationalists of the
18th Century favored the fruit – but rejected the
branch, tree, and root.)
Today, wherever Y’shua Jesus is rejected, the
group or collective is still the basic way of
measuring human value – or human non-value.
We thank the Lord God for revealing His validation
of each individual person. We thank Him for creat-
ing each person uniquely, in His image, and call-
ing each one to a courageous ascension by Y’shua
Jesus, who said, “I AM the Way…”
Praise the God of Abraham, Isaac, and Jacob, and
His Son of Man, Y’shua Jesus.
Reference: Exodus 25:30,40 Hebrews 9 Matthew 27:51
Mark 15:38 Luke 23:45 KJV
Jim Baxter
Teacher, 5th Grade – 30 wonderful years!
vincit veritas
pointman/follower of The LION of JUDAH
12 years ago
I’m a very modest person in general, however, this crap makes me want to march around in a bikini in front of the nearest mosque.
12 years ago
Is that anyway to discus his manhood? LOL!
12 years ago
Better have a friendly watchin your backside. Some of the new Mosques supposedly have 3 hardened stories underground and I wouldn’t doubt a torture room and a rape room also!
12 years ago
All the more reason to do it in a group. Bikinis against Burkas!
12 years ago
I’ll take the Bikini everytime, wait, let me back up, no Bikinis at Wall Mart. That would be WAY too much womankind revealed. LOL!
12 years ago
I’m pretty there are millions of NASCAR-loving, cheap beer-drinking, American males throughout rural America, the midwest and the south who beat their wives or girlfirends on a daily basis and call themselves proud American patriots and wave the red, white and blue on their porch.
12 years ago
He would be lucky if he had a wet noodle left:-)
12 years ago
The dysfunctional reprobates generated in our society by the progressive State for their use, abuse and enslavement have no ability to understand any law. They operate under the assumption that liberty is doing anything you want and so to them anyone wishing to submit to Sharia is just fine. They see no danger at all because history doesn’t mean anything. To learn for them requires they be instructed by their leaders and until they say there is imminent harm approaching they are blind. Thus we sane citizens who respect history and it’s teachings as truth must discount them as mentally incapacitated and seek to move forward in spite of their shreiks and protests. Should they get in the path, it’s a pity.
12 years ago
Yet there is no organized, religious body telling them that doing so is required by their religion.
Big difference, dylan.
12 years ago
When you beat her, you must not curse her…and when you rape her, you must perform ritual washing and say prayers !!! (Ayatollah Yazdi)
http://crossmuslims.blogspot.com/2010/04/rape-and-torture-viol-et-torture.html
12 years ago
These regulations, and the way in which they work to deny women basic rights of safety and equality before the law have been well-documented by others and can be found in Islamic legal texts, but deserved to be better.
12 years ago
These well off Women Elites who worship Marx & Islam think they will be exempted. History has proven them wrong. People like Opra have laied the foundation of the end of Female civil rights.
Being stupid, they have no idea they rest on Jewish & Christian principles.
Not Marx or Mohamad. Womens rights have flowered in other Nations , to be crushed again in mere years.
You have to fight to keep depotism away. Its an historical fact, not the socialist fiction That once you get something its forever.
I say the same for Most men as well who have been slaves of chattel through the centuries. It took much blood to achive frreedom. It takes nothing to destroy it.
12 years ago
Isn’t multiculturalism just wonderful? The Socialists in the Democrat party have gotten into bed with the muslims because they are both loosers and can’t make it in a capitalist society, along with the academics. Well see the face of the enemy and know who we WILL be fighting.
12 years ago
Geert Wilders has tried to tell the Western world that not all cultures are equal.
He has been called a racist for doing so among so-called progressives.
I think this latest revelation confirming Islamic acceptance of wife beating
should prove him to be correct even amongst the most stupid of western liberals.
Or at least I hope it does.
12 years ago
Many schools offer courses of particular interest to women’s rights activists, but even if they don’t, it’s possible to inject a feminist perspective, especially by taking seminar courses. While regular courses are all about simply teaching the law according to a set curriculum, seminars allow students to take on individual writing projects with some degree of freedom.
12 years ago
Domestic violence is really a serious matter. Initiative to enact legislation that would increase protections against domestic violence should be imparted especially to Islamic countries.
