Wife Beating in Islamic Law: Difference between revisions

==Islamic Scriptures and Wife-Beating==

===Wife-Beating in the Qur'an===

Domestic violence is a societal problem in  many countries, but in the Muslim world it is divinely ordained and justified by the Qur'an in verse 4:34.

So that the meaning is clear, three translations of this verse are provided below. The word 'beat' in the arabic is daraba (beat, strike, hit<ref>daraba - [http://www.studyquran.org/LaneLexicon/Volume5/00000062.pdf Lane's lexicon] Book I page 1777</ref>).

'''Shakir translation:''' 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. )}}

{{Quote|{{Quran|38|44}}|[We said], "And take in your hand a bunch [of grass] '''and strike with it''' and do not break your oath." Indeed, We found him patient, an excellent servant. Indeed, he was one repeatedly turning back [to Allah].}}

===Wife-Beating in the Hadiths===

{{Quote|{{Muslim|4|2127}}|Muhammad b. Qais said (to the people): Should I not narrate to you (a hadith of the Holy Prophet) on my authority and on the authority of my mother? We thought that he meant the mother who had given him birth. He (Muhammad b. Qais) then reported that it was 'A'isha who had narrated this: Should I not narrate to you about myself and about the Messenger of Allah (may peace be upon him)? We said: Yes. She said: When it was my turn for Allah's Messenger (may peace be upon him) to spend the night with me, he turned his side, put on his mantle and took off his shoes and placed them near his feet, and spread the corner of his shawl on his bed and then lay down till he thought that I had gone to sleep. He took hold of his mantle slowly and put on the shoes slowly, and opened the door and went out and then closed it lightly. I covered my head, put on my veil and tightened my waist wrapper, and then went out following his steps till he reached Baqi'. He stood there and he stood for a long time. He then lifted his hands three times, and then returned and I also returned. He hastened his steps and I also hastened my steps. He ran and I too ran. He came (to the house) and I also came (to the house). I, however, preceded him and I entered (the house), and as I lay down in the bed, he (the Holy Prophet) entered the (house), and said: Why is it, O 'A'isha, that you are out of breath? I said: There is nothing. He said: Tell me or the Subtle and the Aware would inform me. I said: Messenger of Allah, may my father and mother be ransom for you, and then I told him (the whole story). He said: Was it the darkness (of your shadow) that I saw in front of me? I said: Yes. '''He struck me on the chest which caused me pain,''' and then said: Did you think that Allah and His Apostle would deal unjustly with you? She said: Whatsoever the people conceal, Allah will know it. He said: Gabriel came to me when you saw me. He called me and he concealed it from you. I responded to his call, but I too concealed it from you (for he did not come to you), as you were not fully dressed. I thought that you had gone to sleep, and I did not like to awaken you, fearing that you may be frightened. He (Gabriel) said: Your Lord has commanded you to go to the inhabitants of Baqi' (to those lying in the graves) and beg pardon for them. I said: Messenger of Allah, how should I pray for them (How should I beg forgiveness for them)? He said: Say, Peace be upon the inhabitants of this city (graveyard) from among the Believers and the Muslims, and may Allah have mercy on those who have gone ahead of us, and those who come later on, and we shall, God willing, join you.}}

{{Quote|{{Bukhari|8|82|828}}, See also: {{Bukhari|1|7|330}}, and {{Bukhari|6|60|132}}|Narrated Aisha:Abu Bakr came to towards me and '''struck me violently with his fist''' and said, "You have detained the people because of your necklace." But I remained motionless as if I was dead lest I should awake Allah's Apostle although '''that hit was very painful.'''}}

Abu Bakr (Allah be pleased with him) came and sought permission to see Allah's Messenger (peace be upon him). He found people sitting at his door and none amongst them had been granted permission, but it was granted to Abu Bakr and he went in. Then came 'Umar and he sought permission and it was granted to him, and he found Allah's Apostle (peace be upon him) sitting sad and silent with his wives around him. He (Hadrat 'Umar) said: I would say something which would make the Prophet (peace be upon him) laugh, so he said: Messenger of Allah, I wish you had seen (the treatment meted out to) the daughter of Khadija when you asked me some money, and '''I got up and slapped her on her neck. Allah's Messenger (may peace be upon him) laughed''' and said: They are around me as you see, asking for extra money. Abu Bakr (Allah be pleased with him) then got up '''went to 'A'isha (Allah be pleased with her) and slapped her on the neck''', and 'Umar '''stood up before Hafsa and slapped''' her saying: You ask Allah's Messenger (peace be upon him) which he does not possess. They said: By Allah, we do not ask Allah's Messenger peace be upon him) for anything he does not possess. Then he withdrew from them for a month or for twenty-nine days. Then this verse was revealed to him:" Prophet: Say to thy wives... for a mighty reward" (xxxiii. 28). He then went first to 'A'isha (Allah be pleased with her) and said: I want to propound something to you, 'A'isha, but wish no hasty reply before you consult your parents. She said: Messenger of Allah, what is that? He (the Holy Prophet) recited to her the verse, whereupon she said: Is it about you that I should consult my parents, Messenger of Allah? Nay, I choose Allah, His Messenger, and the Last Abode; but I ask you not to tell any of your wives what I have said He replied: Not one of them will ask me without my informing her. God did not send me to be harsh, or cause harm, but He has sent me to teach and make things easy.}}

{{Quote|Ibn  Ishaq:  p 496|As for Ali he said “Women are plentiful, and you can easily change one for another.  Ask the slave girl; she will tell you the truth.” So the Apostle called Burayra to ask her and  Ali got up and gave her a violent beating, saying, ‘Tell the Apostle the truth.’”}}

"I was a guest (at the home) of 'Umar one night, and in the middle of the night he went and hit his wife, and I separated them. When he went to bed he said to me: 'O Ash'ath, learn from me something that I heard from the Messenger of Allah" '''A man should not be asked why he beats his wife''', and do not go to sleep until you have prayed the Witr."' And I forgot the third thing."}}

{{Quote|{{Bukhari|7|6|715}}|Narrated Ikrima: 'Rifaa divorced his wife whereupon Abdur-Rahman married her. Aisha said that the lady came wearing a green veil and complained to her (Aisha) and showed her a '''green spot on her skin caused by beating.''' It was the habit of ladies to support each other, so when Allah's messenger came, Aisha said, '''"I have not seen any woman suffering as much as the believing women. Look! Her skin is greener than her clothes'''! When Abdur-Rahman heard that his wife had gone to the prophet, he came with his two sons from another wife. She said, "By Allah! I have done no wrong to him, but he is impotent and is as useless to me as this," holding and showing the fringe of her garment. Abdur-Rahman said, "By Allah, O Allah's messenger! She has told a lie. I am very strong and can satisfy her, but she is disobedient and wants to go back to Rifaa." Allah's messenger said to her, "If that is your intention, then know that it is unlawful for you to remarry Rifaa unless Abdur-Rahman has had sexual intercourse with you." The prophet saw two boys with Abdur-Rahman and asked (him), "Are these your sons?" On that Abdur-Rahman said, "Yes." The prophet said, "You claim what you claim (that he is impotent)? But by Allah, these boys resemble him as a crow resembles a crow."}}

In summation, we find in the Hadiths:

#Three of the four Rightly-Guided Caliphs beat women

===Attempts to moderate the severity of the beatings===

Abu Dawud said: The meaning of "do not revile her" is, as you say: "May Allah revile you".}}

{{Quote|1=[http://sunnah.com/abudawud/12/99 AbuDawud 11:2139]|2=Narrated Mu'awiyah al-Qushayri:

I went to the Messenger of Allah (peace be upon him) and asked him: What do you say (command) about our wives? He replied: Give them food what you have for yourself, and clothe them by which you clothe yourself, and do not beat them, and do not revile them}}

Al-Tabari's tafsir for verse 4:34<ref>[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=1&tSoraNo=4&tAyahNo=34&tDisplay=yes&UserProfile=0&LanguageId=1 al-tafsir.com] Tabari's tafsir for 4:34</ref> seems to be the earliest record of the idea that wife beating should be done with a miswak / siwaak (a small stick-like item used as a toothbrush). These do not appear in the main sahih hadith collections, but are of interest nonetheless.

Putting the hadiths together, it seems that Muhammad condemned those who beat their wives as severely as their slaves. At one time it seems that he forbade beating, before changing his mind. It seems that by the time of his farewell sermon he emphasised that beatings should not be severe.  

==Early and Modern Muslim Scholars on Wife-Beating==

{{Quote|[http://answering-islam.org/Silas/wife-beating.htm Al-Nawawi]<BR>Reliance of the Traveller|"When a husband notices signs of rebelliousness in his wife (nushuz), whether in words, as when she answers him coldly when she used to do so politely, or he asks her to come to bed and she refuses, contrary to her usual habit; or whether in acts, as when he finds her averse to him when she was previously kind and cheerful), he warns her in words (without keeping from her or hitting her, for it may be that she has an excuse. The warning could be to tell her, "fear Allah concerning the rights you owe to me," or it could be to explain that rebelliousness nullifies his obligation to support her and give her a turn amongst other wives, or it could be to inform her, "Your obeying me is religiously obligatory"). If she commits rebelliousness, he keeps from sleeping (and having sex) with her without words, and '''may hit her''', but not in a way that injures her, meaning he may not (bruise her), break bones, wound her, or cause blood to flow. (It is unlawful to strike another’s face.) He may hit her whether she is rebellious only once or whether more than once, though a weaker opinion holds that he may hot hit her unless there is repeated rebelliousness."

The Hanafis mentioned four situations in which a husband is permitted to discipline his wife by hitting her. These are: not adorning herself when he wants her to; not responding when he calls her to bed and she is taahirah (pure, i.e., not menstruating); not praying; and going out of the house without his permission.}}

==Statistics on Domestic Violence in the Muslim World==

Given the fact wife-beating is sanctioned in [[Islam and Scripture|Islamic religious texts]], Muslim apologists try to deny this. Here are some arguments made by Muslim apologists.  

Pamela K. Taylor is the co-founder of Muslims for progressive values, former director of the Islamic Writers Alliance and strong supporter of the women Imam movement. On Faith Panelist Blog she states:

To be sure, domestic violence is indeed against the teachings of Islam, and murder of family members is especially repugnant. The Qur'an teaches that men should remain with their wives in kindness, or separate from their wives with kindness, and specifically that they should not stay with their wives in order to do harm to them (2:229, 2:231). It offers a vision of spousal equality when it prescribes a decision making process within the family of mutual consultation (2:233), and labels both husband and wife with the term "zauj" (4:1 and others) and describes them as protecting garments for one another (2:187).}}

{{Quote|[http://newsweek.washingtonpost.com/onfaith/panelists/pamela_k_taylor/2009/02/aasiya_hassan_domestic_violenc.html Aasiya Zubair Hassan, Domestic Violence and Islam]<BR>Pamela K. Taylor, The Washington Post, February 27, 2009|Physical and/or emotional abuse has no place in this vision of marriage. Indeed, when women came to the Prophet complaining of their husband's treatment, the Prophet admonished the men saying that those who treated their families poorly were not among the best of men. Mu'awiyah al-Qushayri, one of the companions of the Prophet, reports "I went to the Apostle of Allah and asked him, 'What do you say about our wives?' He replied, 'Feed them with the food you eat, clothe them as you clothe yourself, and do not beat them, and do not revile them." (Sunan Abu-Dawud, Book 11, the Book of Marriage, Number 2139)}}

Taylor continues to state in her article.

Bakhtiar's argument is particularly strong.}}  

{{Quote|[http://newsweek.washingtonpost.com/onfaith/panelists/pamela_k_taylor/2009/02/aasiya_hassan_domestic_violenc.html Aasiya Zubair Hassan, Domestic Violence and Islam]<BR>Pamela K. Taylor, The Washington Post, February 27, 2009|She described her approach to this verse in a lecture I attended two years ago. She told the audience that she went to many, many scholars and asked them, "Did the Prophet ever hit his wives?" To which all them replied, "No, he never hit his wives." This is directly supported by a hadith narrated by his wife Aishah, who reported "The Messenger of Allah never struck a servant of his with his hand, nor did he ever hit a woman. He never hit anything with his hand, except for when he was fighting a battle in the cause of Allah." Bakhtiar then asked the scholars, "And the Prophet always obeyed Allah, correct?" To which the answer was an emphatic "Yes, the Prophet was the embodiment of the Qur'an."

Her answer is that we have misunderstood 4:34, and that we have to look at what the Prophet actually did after that month's separation -- which was to offer his wives the choice of divorcing him or remaining with him while resolving to avoid the behaviors he found so objectionable. While, she translates "daraba" as "to go away from them," (which is the most common usage of the term in the Qur'an), it seems that it might be better rendered as "to strike a bargain with them."}}

==Conclusion==

==External Links==

*[http://www.hotpeachpages.net/index.html International inventory of domestic violence services] ''- Global list of abuse hotlines, shelters, refuges, crisis centres and women's organizations, plus domestic violence information in over 80 languages''

*[http:///www.answering-islam.org/Silas/wife-beating.htm Wife Beating in Islam] ''- by Silas''

'''News'''

*[http://www.guardian.co.uk/world/2010/oct/18/wife-beating-uae-sharia-law-court Wife-beating allowed under sharia law, UAE court rules]

==References==

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