ISLAMIC POLEMICS SERIES • ARTICLE 28

Women Under Islamic Law

Discipline, Polygamy, Testimony, Inheritance, and Temporary Marriage:
A Systematic Examination of the Sharia's Treatment of Women

① THE ARGUMENT: WHAT IT IS AND WHY IT MATTERS

Islam claims to have elevated women from the degradation of pre-Islamic Arabia. Apologists point to the prohibition of female infanticide, the granting of inheritance rights, and the recognition of women's spiritual equality before Allah. These claims have historical validity—Islam did provide certain protections that pre-Islamic Arabian custom did not.

But the question is not whether Islam was better than seventh-century paganism. The question is whether Islamic law (sharia) represents the eternal, perfect guidance of God for all people in all times. And when we examine what the Qur'an and hadith actually prescribe for women—not in comparison to jahiliyyah but on their own terms—a troubling pattern emerges.

This article examines five areas of Islamic law as they apply to women: (1) the discipline of wives, including physical striking; (2) polygamy and concubinage; (3) the valuation of women's testimony; (4) the rules of inheritance; and (5) temporary marriage (mut'ah). In each area, the sources speak clearly. The question is whether what they say reflects the will of a just and loving God.

THE FIVE AREAS

1. Discipline Surah 4:34 permits husbands to strike disobedient wives

2. Polygamy Men may marry up to four wives; women may have only one husband

3. Testimony A woman's testimony is worth half a man's in court

4. Inheritance A daughter inherits half what a son inherits

5. Mut'ah Temporary "marriage" for sexual access, still practiced in Shia Islam

② THE ISLAMIC DEFENSE

• The "striking" in Surah 4:34 is symbolic, not violent. The Arabic word daraba can mean "to strike," "to set forth," or "to separate." Many scholars interpret the verse as permitting only a light, symbolic tap—with a siwak (toothstick) or folded handkerchief—that does not cause pain or leave a mark. The Prophet said, "Do not strike the face, do not make her ugly" (Abu Dawud 2142). Muhammad himself never struck any of his wives. The verse permits a last-resort symbolic gesture, not domestic violence.

• Polygamy protects women in certain contexts. In societies with high male mortality (war, dangerous labor), polygamy ensures that widows and orphans are provided for. It also provides a lawful outlet for male sexuality rather than adultery. The Qur'an's permission for up to four wives came with the condition of justice (4:3), and most scholars say if you cannot be just, you should marry only one. Polygamy is permitted, not commanded.

• The testimony rule is contextual, not a statement of women's intelligence. Surah 2:282 concerns financial contracts, where women in seventh-century Arabia had less experience. The two-women requirement ensures accuracy in an unfamiliar domain. In other areas (like domestic matters or reporting hadith), women's testimony is accepted equally. Aisha was one of the greatest hadith transmitters. The rule is contextual, not universal.

• Inheritance rules reflect responsibility, not worth. Men inherit more because they bear financial responsibility: paying mahr (bridal gift), providing maintenance for wife and children. Women's inheritance is theirs alone—they have no obligation to spend it on others. When total financial responsibility is calculated, the system may actually favor women.

• Mut'ah is a Shia practice rejected by Sunnis. Temporary marriage was permitted briefly during the Prophet's time but was abrogated. Sunni Islam prohibits it. Shia Islam permits it under specific conditions. Criticizing "Islam" for mut'ah ignores the fact that 85-90% of Muslims (Sunnis) consider it forbidden.

• Islam gave women rights centuries before the West. Muslim women could own property, conduct business, and initiate divorce (khul') at a time when European women had few legal rights. Judging seventh-century Arabian law by twenty-first-century Western standards is anachronistic and unfair.

③ THE SOURCES: ISLAMIC LAW ON WOMEN

PART A: THE DISCIPLINE VERSE — SURAH 4:34

Surah 4:34 (Sahih International)

"Men are in charge of women (qawwamuna 'ala) by [right of] what Allah has given one over the other and what they spend [for maintenance] from their wealth. So righteous women are devoutly obedient (qanitat), guarding in [the husband's] absence what Allah would have them guard. But those [wives] from whom you fear arrogance (nushuz)—[first] advise them; [then if they persist], forsake them in bed; and [finally] strike them (wa-dribuhunna). But if they obey you [once more], seek no means against them. Indeed, Allah is ever Exalted and Grand."

Arabic Qawwamuna 'ala" In charge of," "protectors of," "maintainers of "Establishes male authority over women as a divine ordinance Qanitat" Devoutly obedient" The righteous wife is defined by her obedience Nushuz "Arrogance," "rebellion," "ill-conduct," "disobedience" The wife's behavior that triggers the discipline protocol Wa-dribuhunna "And strike them" The verb daraba in this form most commonly means "to strike/hit"

The Three-Step Escalation

The verse prescribes a sequence for dealing with a wife's nushuz:

1. Advise her (fa-'izuhunna) — verbal admonition

2. Forsake her in bed (wa-hjuruhunna fi al-madaji') — sexual/emotional withdrawal

3. Strike her (wa-dribuhunna) — physical discipline

The escalation structure means each step is more severe than the last. If "striking" were merely symbolic, it would be a de-escalation from bed-separation, which makes no sense in context.

What It Shows Abu Dawud 2142 The Prophet said: "Do not strike Allah's handmaidens." Then Umar came and said: "Women have become emboldened toward their husbands." So he (the Prophet) permitted striking them. Then many women came to the Prophet's wives complaining about their husbands. The Prophet said: "Many women have come to the family of Muhammad complaining about their husbands. Those [men] are not the best of you. "Muhammad initially prohibited striking, then permitted it after Umar's complaint, then expressed disapproval of those who did it. The permission stands; the disapproval is moral commentary. Muslim 2328 Aisha said: "The Messenger of Allah never struck anything with his hand, neither a woman nor a servant." Muhammad himself did not strike—but this does not abrogate the Qur'anic permission for others. Bukhari 5825 A woman came to Aisha showing green marks on her skin from beating. Aisha said: "I have not seen any woman suffering as much as the believing women. "Physical abuse was occurring in the Muslim community. Aisha's comment is a lament, not a prohibition. Ibn Kathir (Tafsir 4:34) "Strike them" means a striking that is not severe (ghayr mubarrih)—not on the face, not causing injury. Classical tafsir accepts the "strike" meaning but adds qualifications. Al-Tabari (Tafsir 4:34)" Wa-dribuhunna means strike them. It is a discipline (ta'dib) that does not break a bone or wound." Al-Tabari confirms the meaning is physical striking, though limited.

THE "SYMBOLIC TAP" DEFENSE

Apologists argue that the permitted "striking" is merely a symbolic tap with a siwak (toothstick) or similar object—not intended to cause pain. But consider:

• The verse prescribes an escalation: advise → forsake in bed → strike. A symbolic tap would be less severe than bed-separation, breaking the escalation logic.

• Aisha saw women with green marks from beating (Bukhari 5825). She said believing women suffer more than others. These were not symbolic taps.

• Classical scholars like al-Tabari define the striking as "discipline that does not break a bone"—implying force sufficient to potentially break a bone if unrestricted.

• If the striking were truly symbolic and harmless, why would Muhammad initially prohibit it, then permit it, then express disapproval of those who do it? The back-and-forth only makes sense if real physical contact is at issue.

PART B: POLYGAMY — UP TO FOUR WIVES

Surah 4:3

"And if you fear that you will not deal justly with the orphans, then marry those that please you of [other] women, two or three or four. But if you fear that you will not be just, then [marry only] one or those your right hand possesses [i.e., slaves]. That is more suitable that you may not incline [to injustice]."

Aspect Islamic Men may marry up to four wives

Permitted by Qur'an; practiced throughout Islamic history Surah 4:3 Women may have only one husband Polyandry is absolutely forbidden Universal Islamic consensus (ijma') Condition: justice among wives The husband must treat all wives equally in time, provision, etc. Surah 4:3, 4:129 But perfect justice is impossible "And you will never be able to be equal [in feeling] between wives, even if you should strive [to do so]" (4:129) Surah 4:129 Concubines in addition to wives" Those your right hand possesses" are permitted for sexual relations without limit Surah 4:3, 23:6, 70:30 Muhammad had more than four wives Muhammad had at least 11 wives simultaneously—a special dispensation (Surah 33:50) Bukhari 268; Surah 33:50 Wife's consent not required A man does not need his existing wife's permission to marry another Classical fiqh consensus

THE JUSTICE PROBLEM

Surah 4:3 conditions polygamy on justice: "if you fear you will not be just, then [marry only] one." But Surah 4:129 says: "You will never be able to be equal between wives, even if you strive." If perfect justice is impossible, and justice is the condition for polygamy, shouldn't polygamy be effectively prohibited?

Classical scholars resolve this by distinguishing between emotional equality (impossible) and practical equality (required)—equal time, equal provision, equal housing. But the Qur'an's own language ("you will never be able to be equal") suggests something deeper than scheduling is at stake.

PART C: TESTIMONY — A WOMAN'S WORD IS WORTH HALF

Surah 2:282

"O you who have believed, when you contract a debt for a specified term, write it down... And bring to witness two witnesses from among your men. And if there are not two men [available], then a man and two women from those whom you accept as witnesses—so that if one of the women errs, the other can remind her."

Islamic Teaching Financial/contract testimony Two women = one man Surah 2:282 Reason given in Qur'an "So that if one errs, the other can remind her" Surah 2:282 Hadith explanation "Is not the testimony of two women equal to one man? This is the deficiency in her intelligence." Bukhari 304 Criminal cases (hudud) Many scholars say women's testimony is not accepted at all for hudud crimes (adultery, theft, etc.) Classical fiqh (varies by school) Domestic/women's matters Some scholars accept women's testimony equally in matters like breastfeeding, virginity Varies by madhab

THE QUR'AN'S OWN REASON

The verse gives its own explanation for why two women are needed: "so that if one of the women errs, the other can remind her." The assumption is that women are more prone to error than men in testimony.

Bukhari 304 makes this explicit: Muhammad asks, "Is not the testimony of two women equal to one man?" and explains, "This is the deficiency in her intelligence (nuqsan 'aqliha)."

The rule is not merely about seventh-century business experience; it is grounded in a stated deficiency in female intelligence. This is not polemical interpretation—it is what the hadith says.

PART D: INHERITANCE — DAUGHTERS GET HALF

Surah 4:11

"Allah instructs you concerning your children: for the male, what is equal to the share of two females. But if there are [only] daughters, two or more, for them is two-thirds of one's estate. And if there is only one, for her is half..."

Relationship Male Share Female ShareRatioChildren of deceasedSon: 2 sharesDaughter: 1 share2:1Siblings of deceased (no children)Brother: 2 sharesSister: 1 share2:1Parents of deceasedFather: variesMother: varies (often less)Complex rulesSpouse of deceased (with children)Husband: 1/4Wife: 1/82:1Spouse of deceased (no children)Husband: 1/2Wife: 1/42:1

THE "RESPONSIBILITY" DEFENSE

Apologists argue that men inherit more because they bear financial obligations (mahr, maintenance). Women keep their inheritance for themselves.

But consider:

• The rule applies regardless of actual circumstances—even if the son is wealthy and irresponsible while the daughter is a struggling single mother

• The rule assumes a social structure where women are always financially supported by men—an assumption that does not hold universally

• The rule is stated as divine law (faridatan min Allah—"an obligation from Allah," 4:11), not as a context-dependent guideline

• If the reasoning is financial responsibility, why not adjust shares based on actual responsibility rather than gender?

PART E: TEMPORARY MARRIAGE — MUT'AH

AspectTeachingSourceDefinitionA marriage contract for a specified period (days, weeks, months) after which the marriage automatically dissolvesClassical fiqh definitionsEarly permissionMut'ah was practiced during the Prophet's time with his permissionBukhari 5115-5119; Muslim 1404-1406Sunni positionAbrogated and prohibited. Umar enforced the prohibition; most Sunnis say Muhammad prohibited it at Khaybar or the Conquest of Mecca.Muslim 1406 (prohibition at Khaybar); Sunni consensusShia positionStill permitted. The prohibition was Umar's innovation, not the Prophet's. The Qur'an permits it (4:24).Shia jurisprudence; Surah 4:24 (Shia reading)Requirements (Shia)Specified time period, specified mahr, woman cannot be married to another, waiting period ('iddah) afterShia fiqhNo divorce neededThe marriage ends automatically when the time expiresDefinition of mut'ahCan be very shortSome Shia scholars permit mut'ah for hoursVarious Shia rulings

Surah 4:24 (Shia reading)

"And [also prohibited to you are all] married women except those your right hand possesses. [This is] the decree of Allah upon you. And lawful to you are [all others] beyond these, [provided] that you seek them [in marriage] with [gifts from] your property, desiring chastity, not unlawful sexual intercourse. So for whatever you enjoy [of marriage] from them, give them their due compensation (ujurahunna) as an obligation."

Shia scholars read "whatever you enjoy from them" (istamta'tum) as referring to mut'ah (temporary marriage). The word for compensation (ujur) is the same used for mut'ah payment. Sunnis read this as referring to regular marriage and mahr.

MUT'AH IN PRACTICE

Critics describe mut'ah as "religiously sanctioned prostitution." While Shia scholars reject this characterization, the parallels are notable:

• A man pays a woman for sexual access

• The arrangement is temporary and ends automatically

• The woman has limited rights compared to a permanent wife

• The man can have multiple mut'ah "wives" simultaneously

• The arrangement can last as little as a few hours

Shia scholars emphasize differences: mut'ah requires a contract, waiting period, specified terms, and is meant for situations where permanent marriage is not feasible. But the practical effect—temporary sexual access for payment—raises serious questions about whether this protects or exploits women.

PART F: ADDITIONAL LEGAL INEQUALITIES

AreaRuleSourceMarriage guardian (wali)A woman cannot marry without a male guardian's approvalAbu Dawud 2083; Tirmidhi 1102TravelA woman cannot travel without a mahram (male guardian)Bukhari 1862; Muslim 1339DivorceA man can divorce by pronouncement (talaq); a woman must petition and often return her mahr (khul')Surah 2:229; Bukhari 5273Sexual refusalAngels curse a woman who refuses her husband until morningBukhari 3237; Muslim 1436Obedience"Righteous women are devoutly obedient" (qanitat)Surah 4:34DressWomen must cover; the stated reason is so they "will not be abused" (33:59)Surah 24:31; 33:59Prayer leadershipWomen cannot lead men in prayer (majority view)Consensus of classical scholarsBlood money (diya)A woman's blood money is half a man's (majority classical view)Classical fiqh; some modern scholars dispute

④ THE BIBLICAL CONTRAST

AreaIslamic LawNew Testament TeachingHusband's authority"Men are in charge of women" (4:34)"Husbands, love your wives as Christ loved the church and gave himself up for her" (Ephesians 5:25). Authority is exercised through self-sacrifice, not discipline.Physical disciplinePermitted: "strike them" (4:34)Never mentioned. "Husbands, love your wives and do not be harsh with them" (Colossians 3:19).PolygamyUp to four wives permitted"Let each man have his own wife, and let each woman have her own husband" (1 Corinthians 7:2). Elders/deacons must be "husband of one wife" (1 Timothy 3:2, 12).Equality in ChristLegal distinctions in testimony, inheritance, discipline"There is neither male nor female, for you are all one in Christ Jesus" (Galatians 3:28).Sexual ethicsMut'ah (temporary marriage) permitted in Shia Islam; concubinage permitted in classical law"Flee from sexual immorality" (1 Corinthians 6:18). "Marriage should be honored by all, and the marriage bed kept pure" (Hebrews 13:4).Wives' submissionObedience commanded; disobedience triggers discipline protocolSubmission is mutual: "Submit to one another out of reverence for Christ" (Ephesians 5:21). Wives submit; husbands die for their wives.

EPHESIANS 5:25-28

"Husbands, love your wives, as Christ loved the church and gave himself up for her, that he might sanctify her... In the same way husbands should love their wives as their own bodies. He who loves his wife loves himself."

The Christian husband's model is Christ's self-sacrifice, not discipline. The husband dies for his wife; he does not strike her.

⑤ THE PROBLEM WITH THE ISLAMIC RESPONSE

The "symbolic tap" defense is refuted by the verse's structure and the historical evidence. Surah 4:34 prescribes an escalation: advise → forsake in bed → strike. A symbolic tap is not more severe than bed-separation; the escalation only makes sense if the striking is substantive. Aisha saw women with green marks from beating (Bukhari 5825) and said believing women suffer more than others. These were not symbolic taps. The classical scholars define the striking as "not breaking bones"—implying force that could break bones if unrestricted. The "symbolic" interpretation is a modern apologetic, not the classical understanding.

The polygamy defense based on "context" does not address the asymmetry. Even if polygamy made sense in a context of war widows, the rule is asymmetrical: men may have multiple wives; women may not have multiple husbands. The rule is presented as divine law, applicable for all time. And the permission extends beyond widows—a man may take additional wives regardless of their marital history. The "protection of widows" rationale does not explain this broader permission.

The testimony rule is explicitly grounded in female deficiency. The Qur'an explains the two-women rule: "so that if one errs, the other can remind her." Bukhari 304 explains this as "deficiency in intelligence." This is not about business experience; it is a stated claim about women's cognitive reliability. The defense that "women's testimony is accepted equally in domestic matters" does not address the explicit reasoning given in the primary sources.

The inheritance defense assumes a social structure that is not universal. The "men have financial responsibility" argument assumes women will always be provided for by men. But what about a single mother with no male provider? What about a daughter caring for elderly parents while her brother is absent? The divine law gives no flexibility for circumstances; it prescribes a fixed 2:1 ratio regardless of actual need or responsibility.

The "mut'ah is only Shia" defense does not eliminate the problem. Shia Muslims constitute 10-15% of the global Muslim population—over 200 million people. Mut'ah is practiced in Iran, Iraq, Lebanon, and other Shia communities. Dismissing it as "not Islam" erases a significant portion of the ummah. And even in Sunni tradition, mut'ah was permitted by Muhammad before (allegedly) being abrogated—meaning the Prophet of God permitted temporary sexual contracts at some point. Whether still valid or abrogated, the permission reveals something about the tradition's view of women and sexuality.

The "Islam was better than jahiliyyah" defense is irrelevant to the question of divine law. The question is not whether Islam improved on pre-Islamic Arabian custom (it did in some respects). The question is whether these rules represent the eternal, perfect will of God. If they do, they should be defensible on their own terms—not by comparison to something worse. A law that permits wife-beating, mandates unequal inheritance, and values women's testimony at half a man's is not rendered just by the fact that a worse system existed before.

THE CUMULATIVE PROBLEM

Islamic law, as derived from the Qur'an and sahih hadith:

• Permits husbands to strike disobedient wives — Surah 4:34. The classical scholars understood this as physical discipline "that does not break bones."

• Permits men up to four wives (plus concubines); women get one husband — Surah 4:3. No consent from existing wives required.

• Values women's testimony at half a man's — Surah 2:282. The reason given: "so that if one errs, the other can remind her." Bukhari explains this as "deficiency in intelligence."

• Gives daughters half what sons inherit — Surah 4:11. Stated as divine obligation, not contextual guideline.

• Permits temporary marriage for sexual access (Shia) — Practiced by over 200 million Muslims. Even Sunnis acknowledge Muhammad permitted it before abrogation.

These are not obscure rulings from marginal scholars. They are derived from the Qur'an itself, explained in sahih hadith, and implemented across 1,400 years of Islamic jurisprudence. They represent what Islam teaches about women's status, value, and role.

The Christian vision is different. Husbands love wives as Christ loved the church—by dying for her, not disciplining her. Marriage is one man and one woman for life. In Christ there is neither male nor female. The husband's authority is exercised through self-sacrifice, not through a discipline protocol that includes striking.

Which vision reflects the character of a just and loving God? Which would you want for your daughter?

⑥ KEYS TO ADDRESS THIS IN A CONVERSATION

1. Start with Surah 4:34 directly. "Can we look at this verse together? It says if a wife is disobedient, a husband should advise her, then forsake her in bed, then strike her. What does 'strike' mean here? How would you explain this verse?" Let your friend respond. Listen carefully. Many Muslims are uncomfortable with this verse and have not thought through it carefully.

2. Use Bukhari 5825—Aisha's lament. "There's a hadith where a woman comes to Aisha with green marks from being beaten by her husband. Aisha says, 'I have not seen any woman suffering as much as the believing women.' What do you make of that? If beating was only symbolic, why the green marks? Why Aisha's lament?"

3. Ask about the testimony rule. "The Qur'an says two women's testimony equals one man's, and the reason given is 'so that if one errs, the other can remind her.' Does that mean women are more prone to error than men? The hadith explains it as 'deficiency in intelligence.' How do you understand that?"

4. Ask about polygamy asymmetry. "Men can have four wives, but women can only have one husband. Why the difference? If it's about widows and orphans, why can a man take a second wife who was never married before? And why no equivalent protection for widowers?"

5. Share the Christian vision. "In Christianity, the model for husbands is Christ, who died for his bride. Ephesians 5 says husbands should love their wives 'as Christ loved the church and gave himself up for her.' The husband's role is self-sacrifice, not discipline. There's no verse in the New Testament telling husbands to strike their wives—ever. Does that contrast with what you see in Islamic sources?"

6. Speak to the heart. "I know you love your faith and want to honor God. But these rules trouble me. Would you want your daughter to be one of four wives? Would you want her testimony to count for half? Would you want her husband to have permission to strike her? If not, why would God command these things?"

7. End with the character of God. "I believe God loves women and men equally—not just spiritually, but in dignity, worth, and protection under law. Jesus treated women with remarkable dignity in a patriarchal culture. He spoke with the Samaritan woman, defended the woman caught in adultery, appeared first to women after his resurrection. His example shows us what God is like. Would you be willing to read the Gospels with me and see how Jesus treated women?"

Sources and Further Reading

Qur'anic citations follow Sahih International translation. Hadith: Sahih al-Bukhari (Dar Tawq al-Najah ed.); Sahih Muslim (Dar Ihya' al-Turath ed.); Sunan Abu Dawud; Jami' al-Tirmidhi. Classical tafsir: Ibn Kathir, Tafsir al-Qur'an al-'Azim; al-Tabari, Jami' al-Bayan. For fiqh: Ibn Qudama, al-Mughni; al-Nawawi, al-Majmu'. For mut'ah: Sachiko Murata, Temporary Marriage in Islamic Law (1987). For Christian engagement: David Wood, "Three Quran Verses Every Woman Should Know" (Acts17Apologetics); Nabeel Qureshi, No God but One (Zondervan, 2016), ch. 10. For Islamic feminist perspectives: Amina Wadud, Qur'an and Woman (Oxford, 1999); Asma Barlas, Believing Women in Islam (Texas, 2002)—these works attempt reinterpretations but acknowledge the traditional readings documented here.

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