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Endnotes: chapter eight

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  1. Muhammad Amin Ibn Abidin, Radd al-muhtar `ala al-Durr al-mukhtar (Cairo, 1272 A.H.), 2:255. For this reason, Mahmud Shaltut, the former director of al-Azhar University says, "As to those who avoid marriage, and make excuses that it is troublesome, demanding, and limits their freedom, which should be unrestrained, they are either ignorant folk, or they ignore the meaning of humanity in the image of which they have been created. It is worthy of the intelligent people to block all the roads for them till they depart from the environs of man to the habitations of beasts and wild animals" (Mahmud Shaltut, al-Islam `aqida wa shari`a, p.146).
  2. Kamal al-Din Muhammad Ibn Humam, Sharh Fath al-qadir (Cairo, 1315 A.H.), 2:340. Muhammad claims that the Muslim receives a reward from God for his sexual intercourse: "You have a reward for your intercourse with your wife" (Ahmad Ibn Hanbal, 5:169).
  3. Ibn Humam, 5:169.
  4. Ibn Abidin, 2:340.
  5. al-Mabsut, 4:193.
  6. ibid. al-Kasani, 2:228.
  7. al-Kasani, 2:228; al-Mabsut, 4:194; Ibn Abidin, 2:340.
  8. al-Mabsut, 4:194.
  9. ibid.
  10. Ibn Humam, 2:339; Ibn Abidin, 2:342; al-'Ikhtiyar, 3:116; Ahmad Ibn Hanbal, 2:172. There seems to be a universal "consensus" among the old jurists, on the one side, and the scholars and the progressive and conservative modern writers who support women's rights on the other side, that the institution of marriage serves the conjugal relationship (sexual intercourse) and childbirth (cf. Muhammad Rashid Ridha, Nida li al-jins al-latif, p.16. Tahir al-Haddad, Imra'atuna fi al-sharia wa al-mujtama`, p.27,29-33. Muhammad Salih (Sidi), al-Hidad li'm ra'at al-Haddad (Tunis, 1931), p.105-109. Rudi Paret, Zur Frauenfrage in der Arabisch-Islamischen Welt (Stuttgart, 1934), p.146. Mahmud Shaltut, al-Islam `aqida wa Shari`a, p.145.



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