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Wife-beating is instructed by the the Qur'an and the Hadiths, and has been an accepted part of Islam law since its inception. {{Quran|4|34}} states that men are maintainers of women and tells husbands that in certain circumstances they should, among other things, "beat them". Although hadiths narrate that Muhammad did not himself beat women and told men not to beat their wives too harshly, at the same time he provided tacit approval of wife beating, mildly referring to husbands who beat their wives as "not the best among you", reportedly forbade Muslims from questioning men who beat their wives, allowed his closest companions to slap his wives (known as "the Mothers of believers"), reaffirmed the command of wife-beating in his farewell sermon, and himself struck one of his wives in the chest. In addition to Muhammad's actions, three of the four Rightly-Guided Caliphs are also reported to have beaten women (a recurring pattern especially in the case of 'Umar). Because of its many endorsements within Islamic scripture, wife-beating was permitted by Islamic jurisprudence and understood as a means of enforcing obedience to husbands, albeit with limitations which are unlikely to be adhered to in a domestic setting. This has led to domestic violence being permitted under law in a number of Muslim majority countries or being largely ignored by the authorities. | |||
Wife-beating is instructed by the the Qur'an and the Hadiths, and has been an accepted part of Islam law since its inception. {{Quran|4|34}} states that men are | |||
==Islamic scriptures and wife-beating== | ==Islamic scriptures and wife-beating== | ||
See Also:[[Qur'an, Hadith and Scholars:Wife Beating]] | |||
===Wife-beating in the Qur'an=== | ===Wife-beating in the Qur'an=== | ||
{{Main|Wife Beating in the Qur'an}} | |||
====(4:34) 'Beat them'==== | ====(4:34) 'Beat them'==== | ||
{{Quran|4|34}} Instructs men to beat their wives if they fear disobedience. The word 'beat' in the Arabic is ''daraba.''<ref>daraba - [http://www.studyquran.org/LaneLexicon/Volume5/00000062.pdf Lane's lexicon] Book I page 1777</ref> Although a small number of modern Islamic scholars, apologists, and activists have argued that the word ''daraba'' in the verse does not mean 'beat', the overwhelming majority stand with the Islamic tradition and the unimpeachable linguistic case that is made in agreeing that 'beating' is what the verse instructs. No Arabic dictionary or serious scholar has dissented from this consensus. | {{Quran|4|34}} Instructs men to beat their wives if they fear nushūzahunna, a word commonly understood to mean "their disobedience" or "their rebellion", though the exact meaning of the word is unclear (see {{Quran|4|128}}, which gives instructions to women who fear nushūzan from their husbands). The word 'beat' in the Arabic is ''daraba.''<ref>daraba - [http://www.studyquran.org/LaneLexicon/Volume5/00000062.pdf Lane's lexicon] Book I page 1777</ref> Although a small number of modern Islamic scholars, apologists, and activists have argued that the word ''daraba'' in the verse does not mean 'beat', the overwhelming majority stand with the Islamic tradition and the unimpeachable linguistic case that is made in agreeing that 'beating' is what the verse instructs. No Arabic dictionary or serious scholar has dissented from this consensus. | ||
Relied-upon Islamic translations of the verse present the word as having this meaning. | Relied-upon Islamic translations of the verse present the word as having this meaning. | ||
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'''Word-by-word:''' ٱلرِّجَالُ (''ar-rijaalu'', 'men') قَوَّٰمُونَ (''qawwaamoona'', 'maintainers') عَلَى (''ala'', 'over') ٱلنِّسَآءِ (''al-nisaa'', 'women') [...] فَعِظُوهُنَّ (''fa'', 'then'; ''ithoo'', 'admonish'; ''hunna'', 'them') وَٱهْجُرُوهُنَّ (''wa'', 'and'; ''hjuroo'', 'forsake'; ''hunna'', 'them') فِى (''fi'', 'in') ٱلْمَضَاجِعِ (''al-madaji'i'', 'beds') وَٱضْرِبُوهُنَّ (''wa'', 'and'; ''driboo'', 'beat'; ''hunna'', 'them') فَإِنْ (''fa'', 'then'; ''in'', 'if') أَطَعْنَكُمْ (''ata'na'', 'they obey'; ''kum'', 'you') [...]}} | '''Word-by-word:''' ٱلرِّجَالُ (''ar-rijaalu'', 'men') قَوَّٰمُونَ (''qawwaamoona'', 'maintainers') عَلَى (''ala'', 'over') ٱلنِّسَآءِ (''al-nisaa'', 'women') [...] فَعِظُوهُنَّ (''fa'', 'then'; ''ithoo'', 'admonish'; ''hunna'', 'them') وَٱهْجُرُوهُنَّ (''wa'', 'and'; ''hjuroo'', 'forsake'; ''hunna'', 'them') فِى (''fi'', 'in') ٱلْمَضَاجِعِ (''al-madaji'i'', 'beds') وَٱضْرِبُوهُنَّ (''wa'', 'and'; ''driboo'', 'beat'; ''hunna'', 'them') فَإِنْ (''fa'', 'then'; ''in'', 'if') أَطَعْنَكُمْ (''ata'na'', 'they obey'; ''kum'', 'you') [...]}} | ||
The root of the word وَٱضْرِبُوهُنَّ (''wa-driboo-hunna'') is ضرب (''d-r-b''). The letter ٱ (''alif waslah'') [[Arabic_letters_and_diacritics#Special_alif_diacritics|is not pronounced]] here, but if the word lacked the و (''-wa'', meaning 'and') prefix and was at the beginning of a passage, it would be read as ''i'', making the word ''idriboohunna'' (ٱضْرِبُوهُنَّ). Many other verses in the Quran employ verbiage derived from the same root, such as {{Quran|2|60}}, which reads '...strike (ٱضْرِب, ''drib'') the rock with your staff...', {{Quran|2|73}}, which reads '"...strike it (ٱضْرِبُوهُ, ''driboo-hu'') with a part of the cow...", and {{Quran|8|12}}, which reads '...so strike (فَٱضْرِبُوا۟, ''fa-driboo'') on their necks...'. Other examples are also present. | The root of the word وَٱضْرِبُوهُنَّ (''wa-driboo-hunna'') is ضرب (''d-r-b''). The letter ٱ (''alif waslah'') [[Arabic_letters_and_diacritics#Special_alif_diacritics|is not pronounced]] here, but if the word lacked the و (''-wa'', meaning 'and') prefix and was at the beginning of a passage, it would be read as ''i'', making the word ''idriboohunna'' (ٱضْرِبُوهُنَّ). Many other verses in the Quran employ verbiage derived from the same root, such as {{Quran|2|60}}, which reads '...strike (ٱضْرِب, ''drib'') the rock with your staff...', {{Quran|2|73}}, which reads '"...strike it (ٱضْرِبُوهُ, ''driboo-hu'') with a part of the cow...", and {{Quran|8|12}}, which reads '...so strike (فَٱضْرِبُوا۟, ''fa-driboo'') on their necks...'. Other examples are also present. See [[The Meaning of Daraba]]. | ||
The word "lightly" does not appear in the original Arabic version, but is added in some translations. | The word "lightly" does not appear in the original Arabic version, but is added in some translations. | ||
Professor Jonathan Brown says that Quran commentaries from the 9th century include a narration about the occasion of revelation of Q 4:34, with a chain considered too weak for the canonical hadith collections. In the various versions of this story, a man complains to Muhammad about his son-in-law beating his wife, the man's daughter. Muhammad grants him permission for reprisal, whereupon the verse is immediately sent down. It ends with Muhammad saying, "I wanted one thing and God wanted another. And God wants what is best."<ref>Jonathan A. C. Brown, ''Misquoting Muhammad'', London: Oneworld Publications, 2014, p. 275</ref> See the section on Azbab an-Nazuul in the article [[Wife Beating in the Qur'an]] for quotes from the sira literature of this narration. A hadith collected by Abu Dawud (see below) in which 'Umar influenced Muhammad to permit wife beating, may suggest an alternative background to the verse. | |||
====(38:44) Job beats his wife==== | ====(38:44) Job beats his wife==== | ||
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{{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].}} | {{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].}} | ||
Classical tafsirs such as Ibn Kathir's give the story behind the verse. The lesson to be learned is that it is better to beat your wife in a relatively unpainful, albeit humiliating way than to break an earlier oath | Classical tafsirs such as Ibn Kathir's give the story behind the verse. The lesson to be learned is that it is better to beat your wife in a relatively unpainful, albeit humiliating way than for a man to break an earlier oath to beat his wife (as had the prophet Job in this story). | ||
{{Quote|1=[http://www.qtafsir.com/index.php?option=com_content&task=view&id=1952&Itemid=94 Ayyub]<BR>Tafsir Ibn Kathir|2=Ayyub, peace be upon him, got angry with his wife and was upset about something she had done, so he swore an oath that if Allah healed him, he would '''strike her with one hundred blows.''' When Allah healed him, how could her service, mercy, compassion and kindness be repaid with a beating So Allah showed him a way out, which was to take a bundle of thin grass, with one hundred stems, '''and hit her with it once'''. Thus he fulfilled his oath and avoided breaking his vow.}} | {{Quote|1=[http://www.qtafsir.com/index.php?option=com_content&task=view&id=1952&Itemid=94 Ayyub]<BR>Tafsir Ibn Kathir|2=Ayyub, peace be upon him, got angry with his wife and was upset about something she had done, so he swore an oath that if Allah healed him, he would '''strike her with one hundred blows.''' When Allah healed him, how could her service, mercy, compassion and kindness be repaid with a beating So Allah showed him a way out, which was to take a bundle of thin grass, with one hundred stems, '''and hit her with it once'''. Thus he fulfilled his oath and avoided breaking his vow.}} | ||
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===Wife-beating in the hadiths=== | ===Wife-beating in the hadiths=== | ||
====Muhammad | ====Muhammad struck Aisha and the tampering of English hadith translations==== | ||
While some modern voices have denied that the Qur'an instructs wife-beating, alleging that {{Quran|4|34}} has been misinterpreted, those who admit the Islamic tradition have noted that there exist in the hadiths numerous examples, from a variety of hadith narrators and collectors, of Muhammad ordaining wife-beating and confirming the original meaning of the verse found in the Quran. There are, for instance, multiple hadiths in which Muhammad's companions beat or strike women (sometimes in his presence), as well as some, albeit conflicting evidence narrated from his wife, Aisha, regarding whether Muhammad himself used physical force against the women in his life. The best examples, perhaps, of hadiths permitting wife-beating are those in which Muhammad explicitly attempts to ''moderate'' wife-beating while nonetheless permitting it, as these have frequently been cited by dissenting modern voices and apologists themselves. | While some modern voices have denied that the Qur'an instructs wife-beating, alleging that {{Quran|4|34}} has been misinterpreted, those who admit the Islamic tradition have noted that there exist in the hadiths numerous examples, from a variety of hadith narrators and collectors, of Muhammad ordaining wife-beating and confirming the original meaning of the verse found in the Quran, though with limitations added. There are, for instance, multiple hadiths in which Muhammad's companions beat or strike women (sometimes in his presence), as well as some, albeit conflicting evidence narrated from his wife, Aisha, regarding whether Muhammad himself used physical force against the women in his life. The best examples, perhaps, of hadiths permitting wife-beating are those in which Muhammad explicitly attempts to ''moderate'' wife-beating while nonetheless permitting it, as these have frequently been cited by dissenting modern voices and apologists themselves. | ||
In one account found in the hadith collections, including the authoritative [[Sahih Muslim|''Sahih Muslim'']], [[Muhammad]] causes his wife [[Aisha]] physical pain by striking her in the chest. The Arabic word translated "He struck me" (فَلَهَدَنِي) is ''lahada'' , which means 'he pushed violently' or 'he struck her chest'<ref>lahada [http://www.studyquran.org/LaneLexicon/Volume7/00000204.pdf Lane's Lexicon] page 2676</ref>, and the word translated caused me pain (أَوْجَعَتْنِي) is awja'a meaning 'He, or it, pained him; or caused him pain, or aching'<ref>awja'a - [https://lexicon.quranic-research.net/data/27_w/045_wjE.html Lane's Lexicon]</ref>. It is important to note that the popular hadith website Sunnah.com, drastically altered this phrase from the original translations they used for the Sahih Muslim and Sunan al-Nasa'i collections, presumably to present Muhammad and Islam in a more positive light, changing it in both cases to "He gave me a nudge on the chest which I felt" - for this reason, the words provided here have been restored to the original translation of Siddique. These are what the translations say: | |||
'''Sahih Muslim Book 4, 2127''' (Abdul Hamid Siddiqui; Sunnah.com's source translation): | |||
He said, Was it the darkness (of your shadow) that I saw in front of me? I said, Yes. He struck me in the chest which caused me pain, and then said, Did you think that Allah and His Apostle would deal unjustly with you? | |||
'''Sahih Muslim 974b''' (Dar-us-Salam edition translated by Nasiruddin al-Khattab, Vol. 2 p.506): | |||
He said: "so you were the person that I saw in front of me?" I said: "Yes." He gave me a painful shove on the chest, then he said: "Did you think that Allah and His Messenger would be unjust to you?" | |||
'''Sunan al-Nasa'i 2039''' (Dar-us-Salam edition, Vol. 3, p.127, translated by Nasiruddin al-Khattab; Sunnah.com's source translation which they altered in the same way as they did for Sahih Muslim): | |||
He said: 'So you were the black shape that I saw in front of me?' I said, 'Yes.' He struck me on the chest, which caused we pain, then he said: 'Did you think Allah and His Messenger would deal unjustly with you?' | |||
{{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|{{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.}} | ||
By contrast, there exists a hadith in [[Sunan Abu Dawud|''Sunan Abu Dawud'']] which reports Aisha saying that Muhammad never hit (''daraba'') a woman. While it is not at all uncommon to find contradictions in the hadith literature, Aisha here may have either generously or inadvertently disregarded the time when Muhammad pushed / struck her painfully in the chest, as reported in the Sahih Muslim hadith above, assuming both are authentic (as Islamic scholars hold them to be). | By contrast, there exists a hadith in [[Sunan Abu Dawud|''Sunan Abu Dawud'']] graded sahih by al-Albani which reports Aisha saying that Muhammad never hit (''daraba'') a woman. While it is not at all uncommon to find contradictions in the hadith literature, Aisha here may have either generously or inadvertently disregarded the time when Muhammad pushed / struck her painfully in the chest, as reported in the Sahih Muslim hadith above, assuming both are authentic (as Islamic scholars hold them to be). | ||
{{Quote|1= | {{Quote|1={{Abu Dawud||4768|Hasan}}|2=`A’isha said: the Messenger of Allah (saws) never struck a servant or a woman.}} | ||
====Muhammad's companions striking women==== | ====Muhammad's companions striking women==== | ||
Unlike the traditional occasion of revelation for Q. 4:34 which appeared in commentaries from the 9th century CE (discussed above), there is some hadith evidence that the wife beating verse may have been a result of pressure from 'Umar, as Muhammad is portrayed as reluctantly agreeing to permit wife beating. 'Umar, who would became the second rightly guided Caliph, is also recorded slapping Muhammad's wife Hafsa and striking his own wife, and on yet another occasion telling a man to beat his wife after she tried to stop him having intercourse with (raping) a slave girl. Hadiths suggest a general pattern of 'Umar's violence towards and interest in controlling women. The revelation of the Verse of Hijab ({{Quran|33|53}} is even more explicitly linked to pressure from 'Umar (see the article [[Hijab]]). | |||
Multiple hadiths in the authoritative ''[[Sahih Bukhari]]'' report that Abu Bakr (the first Rightly-Guided [[Caliph]] of Islam and Muhammad's best friend) also struck (his daughter) Aisha violently with his fist. | Multiple hadiths in the authoritative ''[[Sahih Bukhari]]'' report that Abu Bakr (the first Rightly-Guided [[Caliph]] of Islam and Muhammad's best friend) also struck (his daughter) Aisha violently with his fist. | ||
{{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.'''}} | {{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.'''}} | ||
In another hadith found in ''Sahih Muslim'', Abu Bakr informs Muhammad that he slapped [[Khadijah|Khadijah’s]] daughter, and Muhammad responds by laughing and tells Abu Bakr his wives are asking him for more money. Abu Bakr and Umar (the second Rightly-Guided Caliph of Islam and Muhammad's other best friend) respond by slapping [[Muhammad's | In another hadith found in ''Sahih Muslim'', Abu Bakr informs Muhammad that he slapped [[Khadijah|Khadijah’s]] daughter, and Muhammad responds by laughing and tells Abu Bakr his wives are asking him for more money. Abu Bakr and Umar (the second Rightly-Guided Caliph of Islam and Muhammad's other best friend) respond by slapping [[Muhammad's Marriages|Muhammad's wives]], Hafsa and (for the third time) Aisha. | ||
{{Quote|{{Muslim|9|3506}}|Jabir b. 'Abdullah (Allah be pleased with them) reported: | {{Quote|{{Muslim|9|3506}}|Jabir b. 'Abdullah (Allah be pleased with them) reported: | ||
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In yet another hadith, Ali (the fourth Rightly-Guided Caliph of Islam as well as Muhammad's cousin, foster-son, and son-in-law) gives a [[Slavery|slave-girl]] a violent beating in front of Muhammad. | In yet another hadith, Ali (the fourth Rightly-Guided Caliph of Islam as well as Muhammad's cousin, foster-son, and son-in-law) gives a [[Slavery|slave-girl]] a violent beating in front of Muhammad. | ||
{{Quote|Ibn | {{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.’”}} | ||
One account found in the hadiths reports Muhammad giving a decree instructing men to not beat their wives, but the hadiths reporting this also record Muhammad immediately changing his mind once Umar (the 2nd rightly guided Caliph) informs him that some of the women have become emboldened towards their husbands. Then, when some women complain about getting beaten, he makes only a mild remark about their husbands instead of moving to protect the women. | One account found in the hadiths reports Muhammad giving a decree instructing men to not beat their wives, but the hadiths reporting this also record Muhammad immediately changing his mind once 'Umar (the 2nd rightly guided Caliph) informs him that some of the women have become emboldened towards their husbands. Then, when some women complain about getting beaten, he makes only a mild remark about their husbands instead of moving to protect the women. This pressure from 'Umar may have been the background for the creation of Q. 4:34. | ||
{{Quote|{{Abu Dawud|11|2141}}|Iyas ibn Abdullah ibn | {{Quote|{{Abu Dawud|11|2141}}|Iyas ibn Abdullah ibn Abu Dhubab reported the Apostle of Allah as saying: Do not beat Allah's handmaidens, but when Umar came to the Apostle of Allah and said: Women have become emboldened towards their husbands, '''he (the Prophet) gave permission to beat them.''' Then many women came round the family of the Apostle of Allah complaining against their husbands. So the Apostle of Allah said: Many women have gone round Muhammad's family complaining against their husbands. They are not the best among you.}} | ||
In another hadith, Umar instructs a man to beat his wife after she tries to prevent him from having intercourse with his slave girl. | In another hadith, Umar instructs a man to beat his wife after she tries to prevent him from having intercourse with his slave girl. | ||
{{Quote|{{Muwatta|30||13}}|Yahya related to me from Malik that Abdullah ibn Dinar said, "A man came to Abdullah ibn Umar when I was with him at the place where judgments were given and asked him about the suckling of an older person. Abdullah ibn Umar replied, 'A man came to Umar ibn al-Khattab and said, 'I have a slave-girl and I used to have intercourse with her. My wife went to her and suckled her. When I went to the girl, my wife told me to watch out, because she had suckled her!' '''Umar told him to beat his wife and to go to his slave-girl because kinship by suckling was only by the suckling of the young.'''' "}} | {{Quote|{{Muwatta|30||13}}|Yahya related to me from Malik that Abdullah ibn Dinar said, "A man came to Abdullah ibn Umar when I was with him at the place where judgments were given and asked him about the suckling of an older person. Abdullah ibn Umar replied, 'A man came to Umar ibn al-Khattab and said, 'I have a slave-girl and I used to have intercourse with her. My wife went to her and suckled her. When I went to the girl, my wife told me to watch out, because she had suckled her!' '''Umar told him to beat his wife and to go to his slave-girl because kinship by suckling was only by the suckling of the young.'''' "}} | ||
A hadith graded ''hasan'' (the 2nd highest level of authenticity according to traditional scholars of hadith, below ''sahih'') | A hadith graded ''hasan'' (the 2nd highest level of authenticity according to traditional scholars of hadith, below ''sahih'') has 'Umar hitting his wife and then excusing himself by quoting Muhammad saying that a man should not be asked why he beats his wife. See the section below on Islamic law for how this hadith was used by Islamic jurists. | ||
{{Quote|1= | {{Quote|1={{Ibn Majah||3|9|1986}}|2=It was narrated that Ash'ath bin Qais said: | ||
"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."}} | "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."}} | ||
In yet another hadith, a woman complains to Muhammad about her husband and shows him where he has beaten and bruised her. Muhammad listens to the husband’s side of the story and concludes the reason why his wife is complaining is because he cannot sexually satisfy her and that she wants to go back to her ex-husband, although the report only indicates that the woman was complaining of physical abuse (also evidenced by the 'green' color of her skin). Rather than scolding her husband for beating her, Muhammad says she cannot [[Marriage|re-marry]] her ex-husband unless she has [[Reproduction|sexual intercourse]] with her present husband first. | In yet another hadith, a woman complains to Muhammad about her husband and shows him where he has beaten and bruised her. Muhammad listens to the husband’s side of the story and concludes the reason why his wife is complaining is because he cannot sexually satisfy her and that she wants to go back to her ex-husband, although the report only indicates that the woman was complaining of physical abuse (also evidenced by the 'green' color of her skin). Rather than scolding her husband for beating her, Muhammad says she cannot [[Marriage|re-marry]] her ex-husband unless she has [[Reproduction|sexual intercourse]] with her present husband first. | ||
In the same hadith, Aisha also states that she has not seen any woman suffering as much as 'the believing women'. This apparent meaning of this is that according to Aisha, Muhammad's wife, Muslim women were suffering more than their [[ | In the same hadith, Aisha also states that she has not seen any woman suffering as much as 'the believing women'. This apparent meaning of this is that according to Aisha, Muhammad's wife, Muslim women were suffering more than their [[Pagan Origins of Islam|pagan]] and Abrahamic counterparts. | ||
{{Quote|{{Bukhari|7| | {{Quote|{{Bukhari|7|72|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 the | In the sahih version of his [[Farewell Sermon|''Farewell Sermon'']], Muhammad compares women to domestic [[animals]] and once more tells men to beat their wives, but unlike the Quran, adds the caveat 'but not severely'. | ||
{{Quote|{{Tabari|9|pp. 112-113}}|"Now then, O people, you have a right over your wives and they have a right over you. You have [the right] that they should not cause anyone of whom you dislike to tread on your beds; and that they should not commit any open indecency. If they do, then Allah permits you to shut them in separate rooms and '''to beat them, but not severely'''. If they abstain from [evil], they have the right to their food and clothing in accordance with the custom. Treat women well, for they are [like] domestic animals with you and do not possess anything for themselves. You have taken them only as a trust from Allah, and you have made the enjoyment of their persons lawful by the word of Allah, so understand and listen to my words, O people.}} | {{Quote|{{Tabari|9|pp. 112-113}}|"Now then, O people, you have a right over your wives and they have a right over you. You have [the right] that they should not cause anyone of whom you dislike to tread on your beds; and that they should not commit any open indecency. If they do, then Allah permits you to shut them in separate rooms and '''to beat them, but not severely'''. If they abstain from [evil], they have the right to their food and clothing in accordance with the custom. Treat women well, for they are [like] domestic animals with you and do not possess anything for themselves. You have taken them only as a trust from Allah, and you have made the enjoyment of their persons lawful by the word of Allah, so understand and listen to my words, O people.}} | ||
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{{Quote|1=[https://sunnah.com/abudawud/11/185 Sunan Abu Dawud 10:1900]|2=Fear Allaah regarding women for you have got them under Allah’s security and have the right to intercourse with them by Allaah’s word. It is a duty from you on them not to allow anyone whom you dislike to lie on your beds but if they do '''beat them, but not severely.''' You are responsible for providing them with food and clothing in a fitting manner.}} | {{Quote|1=[https://sunnah.com/abudawud/11/185 Sunan Abu Dawud 10:1900]|2=Fear Allaah regarding women for you have got them under Allah’s security and have the right to intercourse with them by Allaah’s word. It is a duty from you on them not to allow anyone whom you dislike to lie on your beds but if they do '''beat them, but not severely.''' You are responsible for providing them with food and clothing in a fitting manner.}} | ||
The caveat, "but not severely", appears also in the other narrations of the farewell sermon in other hadith collections, although English translations in some cases have [[Mistranslations of Islamic Scripture (English)|mistranslated]] the same Arabic phrase. | The caveat, "but not severely", appears also in the other narrations of the farewell sermon in other hadith collections, although English translations in some cases have [[Mistranslations of Islamic Scripture (English)|mistranslated]] the same Arabic phrase as discussed below. | ||
Altogether, the hadith report that (1) 'A'isha did not consider Muhammad himself to have ever hit a woman, although on one occasion he painfully pushed / struck her in the chest, (2) Muhammad at first forbade the beating of Muslim women, but was persuaded to allow it when Umar warned that the men were losing control of their wives, (3) Muhammad allowed some of his prominent companions to hit women and slap his own wives (the very women whom all Muslims adore and refer to as "the Mother of believers", (4) Muhammad merely makes a mild remark about other men when their wives complain about beatings (describing those that do so to the point of complaint as 'not the best among you'), (5) Muhammad forbade Muslims from questioning men who beat their wives, (6) three of the four Rightly-Guided Caliphs beat women, and (7) Muhammad reaffirms the Qur'anic command of wife-beating in his parting sermon, albeit "without severity". It is clear that wife-beating has been an accepted part of Islam since its inception. While Muhammad had some reservations about the beating of women, he repeatedly indulged men who physically disciplined women, including in his presence, and was ultimately persuaded to prescribe it as a divinely-instructed punishment for certain types of misconduct on the part of women. | Altogether, the hadith report that (1) 'A'isha did not consider Muhammad himself to have ever hit a woman, although on one occasion he painfully pushed / struck her in the chest, (2) Muhammad at first forbade the beating of Muslim women, but was persuaded to allow it when Umar warned that the men were losing control of their wives, (3) Muhammad allowed some of his prominent companions to hit women and slap his own wives (the very women whom all Muslims adore and refer to as "the Mother of believers", (4) Muhammad merely makes a mild remark about other men when their wives complain about beatings (describing those that do so to the point of complaint as 'not the best among you'), (5) Muhammad forbade Muslims from questioning men who beat their wives, (6) three of the four Rightly-Guided Caliphs beat women, and (7) Muhammad reaffirms the Qur'anic command of wife-beating in his parting sermon, albeit "without severity". It is clear that wife-beating has been an accepted part of Islam since its inception. While Muhammad had some reservations about the beating of women, he repeatedly indulged men who physically disciplined women, including in his presence, and was ultimately persuaded to prescribe it as a divinely-instructed punishment for certain types of misconduct on the part of women. | ||
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The Prophet (peace be upon him) forbade laughing at a person who passes wind, and said, "How does anyone of you beat his wife as he beats the stallion camel and then he may embrace (sleep with) her?" And Hisham said, "As he beats his slave"}} | The Prophet (peace be upon him) forbade laughing at a person who passes wind, and said, "How does anyone of you beat his wife as he beats the stallion camel and then he may embrace (sleep with) her?" And Hisham said, "As he beats his slave"}} | ||
In one hadith, Muhammad advises a recently divorced woman against marrying a | In one hadith, Muhammad advises a recently divorced woman against marrying a companion of his who he knows to be 'very harsh with women'. | ||
{{Quote|{{Muslim|9|3527}}|Fatima bint Qais (Allah be pleased with her) reported: | {{Quote|{{Muslim|9|3527}}|Fatima bint Qais (Allah be pleased with her) reported: | ||
My husband Abu 'Amr b. Hafs b. al-Mughira sent 'Ayyish b. Abu Rabi'a to me with a divorce, and he also sent through him five si's of dates and five si's of barley. I said: Is there no maintenance allowance for me but only this, and I cannot even spend my 'Idda period in your house? He said: No. She said: I dressed myself and came to Allah's Messenger (peace be upon him). He said: How many pronouncements of divorce have been made for you? I said: Three. He said what he ('Ayyish b. Abu Rabi'a) had stated was true. There is no maintenance allowance for you. Spend 'Idda period in the house of your cousin, Ibn Umm Maktum. He is blind and you can put off your garment in his presence. And when you have spent your Idda period, you inform me. She said: Mu'awiya and Abu'l-Jahm (Allah be pleased with them) were among those who had given me the proposal of marriage. Thereupon Allah's Apostle (peace be upon him) said: Mu'awiya is destitute and in poor condition and Abu'l-Jahm is very harsh with women (or he beats women, or like that), you should take Usama b. Zaid (as your husband).}} | My husband Abu 'Amr b. Hafs b. al-Mughira sent 'Ayyish b. Abu Rabi'a to me with a divorce, and he also sent through him five si's of dates and five si's of barley. I said: Is there no maintenance allowance for me but only this, and I cannot even spend my 'Idda period in your house? He said: No. She said: I dressed myself and came to Allah's Messenger (peace be upon him). He said: How many pronouncements of divorce have been made for you? I said: Three. He said what he ('Ayyish b. Abu Rabi'a) had stated was true. There is no maintenance allowance for you. Spend 'Idda period in the house of your cousin, Ibn Umm Maktum. He is blind and you can put off your garment in his presence. And when you have spent your Idda period, you inform me. She said: Mu'awiya and Abu'l-Jahm (Allah be pleased with them) were among those who had given me the proposal of marriage. Thereupon Allah's Apostle (peace be upon him) said: Mu'awiya is destitute and in poor condition and Abu'l-Jahm is very harsh with women (or he beats women, or like that), you should take Usama b. Zaid (as your husband).}} | ||
In another hadith, Muhammad instructs that a | In another hadith, Muhammad instructs that a husband should not strike his wife on her face. | ||
{{Quote|1=[http://sunnah.com/abudawud/12/97 AbuDawud 11:2137]|2=Narrated Mu'awiyah al-Qushayri: Mu'awiyah asked: Messenger of Allah, what is the right of the wife of one of us over him? He replied: That you should give her food when you eat, clothe her when you clothe yourself, do not strike her on the face, do not revile her or separate yourself from her except in the house. | {{Quote|1=[http://sunnah.com/abudawud/12/97 AbuDawud 11:2137]|2=Narrated Mu'awiyah al-Qushayri: Mu'awiyah asked: Messenger of Allah, what is the right of the wife of one of us over him? He replied: That you should give her food when you eat, clothe her when you clothe yourself, do not strike her on the face, do not revile her or separate yourself from her except in the house. | ||
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Abu Dawud said: The meaning of "do not revile her" is, as you say: "May Allah revile you".}} | Abu Dawud said: The meaning of "do not revile her" is, as you say: "May Allah revile you".}} | ||
Another version of the same hadith is worded more generally, saying, "do not beat them". If this version is a more accurate reflection of what Muhammad said, it is likely that it occurred in the | Another version of the same hadith is worded more generally, saying, "do not beat them". If this version is a more accurate reflection of what Muhammad said, it is likely that it occurred in the earlier period in which Muhammad forbade beating (see {{Abu Dawud|11|2141}}, quoted above), as later sources concur on Muhammad's instruction and the Quran in their permission of wife-beating. | ||
{{Quote|1=[http://sunnah.com/abudawud/12/99 AbuDawud 11:2139]|2=Narrated Mu'awiyah al-Qushayri: | {{Quote|1=[http://sunnah.com/abudawud/12/99 AbuDawud 11:2139]|2=Narrated Mu'awiyah al-Qushayri: | ||
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{{Quote|1=[http://sunnah.com/abudawud/11/185 AbuDawud 10:1900]|2=Fear Allaah regarding women for you have got them under Allah’s security and have the right to intercourse with them by Allaah’s word. It is a duty from you on them not to allow anyone whom you dislike to lie on your beds but if they do beat them, but not severely.}} | {{Quote|1=[http://sunnah.com/abudawud/11/185 AbuDawud 10:1900]|2=Fear Allaah regarding women for you have got them under Allah’s security and have the right to intercourse with them by Allaah’s word. It is a duty from you on them not to allow anyone whom you dislike to lie on your beds but if they do beat them, but not severely.}} | ||
A shorter version of the Farewell Sermon can also be found in ''Sunan Ibn Majah''. The Arabic words | A shorter version of the Farewell Sermon can also be found in ''Sunan Ibn Majah''. The Arabic words rendered by the English translator as 'and hit them, but without causing injury or leaving a mark' are the same as those found in the ''Abu Dawud'' hadith as well as al-Tabari's version of the farewell sermon (quoted above), with the literal translation being, again, 'beat them, a beating without severity'. | ||
{{Quote|{{Ibn Majah||3|9|1851}}|Then he said: 'I enjoin good treatment of women, for they are prisoners with you, and you have no right to treat them otherwise, unless they commit clear indecency. If they do that, then forsake them in their beds and hit them, but without causing injury or leaving a mark.}} | {{Quote|{{Ibn Majah||3|9|1851}}|Then he said: 'I enjoin good treatment of women, for they are prisoners with you, and you have no right to treat them otherwise, unless they commit clear indecency. If they do that, then forsake them in their beds and hit them, but without causing injury or leaving a mark.}} | ||
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Putting together, the hadiths suggest that Muhammad condemned those who beat their wives as severely as they beat their slaves. It is also evident that, at least for some time, Muhammad forbade wife-beating altogether. It is also evident that Muhammad then reverted from this position to permitting wife-beating, albeit this time around while encouraging his male companions not to beat their wives as severely as they beat their slaves. This final position is also found reiterated in the various versions of his final sermon reported found in the hadith literature. | Putting together, the hadiths suggest that Muhammad condemned those who beat their wives as severely as they beat their slaves. It is also evident that, at least for some time, Muhammad forbade wife-beating altogether. It is also evident that Muhammad then reverted from this position to permitting wife-beating, albeit this time around while encouraging his male companions not to beat their wives as severely as they beat their slaves. This final position is also found reiterated in the various versions of his final sermon reported found in the hadith literature. | ||
Tabari, a source Islamic scholars view as being considerably less reliable than the sahih hadiths, also reports that Ibn Abbas | Tabari, a source Islamic scholars view as being considerably less reliable than the sahih hadiths, also reports that Ibn Abbas was asked what is meant by the phrase "beat them without severity" and replied that "It is with a toothstick (siwak) or something similar. A siwak or miswak was a small stick used for cleaning one's teeth. Many doubt the reliability of this report, which appears to contradict the overall message of the hadith literature, though it is a popular explanation today. | ||
Critics have also noted what they describe as the sheer absurdity of the qualification found in the report and suggest that it could hardly be that God would leave out such an important qualification from the verse which, read in isolation, simply instructs men to beat their wives. To do so, critics suggest, would be a serious lack of judgement on God's part. Critics have also ridiculed the absurdity of the practice itself - what is the purpose, they ask, of tapping one's wife with a twig? And why would ''this'' prove effective if admonition of one's wife and abandoning her in bed had proven ineffective - surely tapping someone with a twig cannot be more compelling than either of these measures? Such a practice, critics conclude, is, at worst, a humiliating and patronizing symbolic gesture (having no place in polite society), or, at best, a fiction generated in the minds of later Muslims (that is, 7th, 8th, or 9th century Muslims attributing this idea, retroactively, back to Ibn Abbas) who were having a hard time reconciling the conflicting imperatives of an early Islamic tradition which at once taught Muslims to be kind to one another - and to beat their wives. | Critics have also noted what they describe as the sheer absurdity of the qualification found in the report and suggest that it could hardly be that God would leave out such an important qualification from the verse which, read in isolation, simply instructs men to beat their wives. To do so, critics suggest, would be a serious lack of judgement on God's part. Critics have also ridiculed the absurdity of the practice itself - what is the purpose, they ask, of tapping one's wife with a twig? And why would ''this'' prove effective if admonition of one's wife and abandoning her in bed had proven ineffective - surely tapping someone with a twig cannot be more compelling than either of these measures? Such a practice, critics conclude, is, at worst, a humiliating and patronizing symbolic gesture (having no place in polite society), or, at best, a fiction generated in the minds of later Muslims (that is, 7th, 8th, or 9th century Muslims attributing this idea, retroactively, back to Ibn Abbas) who were having a hard time reconciling the conflicting imperatives of an early Islamic tradition which at once taught Muslims to be kind to one another - and to beat their wives. | ||
== | ==Islamic law and Quranic exegesis on wife beating== | ||
Classical Muslim scholars have written abundant [[Tafsir|commentary]] and jurisprudential material regarding {{Quran|4|34}} and instruction to beat wives. A few of these classical sources are quoted below, alongside some modern authorities. It is important to note that a number of Islamic modernists (a small sub-group of modern Islamic scholars in general) [[Wife Beating in Islamic Law#The objections of Islamic modernists|have advocated]] an interpretation of {{Quran|4|34}} that militates against traditional understanding and takes the beating instructed to be purely 'symbolic' in nature. The influence of these few, albeit vocal, modernists has resulted in some recent English translations of the Quran opting to replace the word ''daraba'', which is found in the Arabic text and which means 'beat', with alternative words that more readily evoke the modernist interpretation. | Classical Muslim scholars have written abundant [[Tafsir|commentary]] and jurisprudential material regarding {{Quran|4|34}} and instruction to beat wives. A few of these classical sources are quoted below, alongside some modern authorities. It is important to note that a number of Islamic modernists (a small sub-group of modern Islamic scholars in general) [[Wife Beating in Islamic Law#The objections of Islamic modernists|have advocated]] an interpretation of {{Quran|4|34}} that militates against traditional understanding and takes the beating instructed to be purely 'symbolic' in nature. The influence of these few, albeit vocal, modernists has resulted in some recent English translations of the Quran opting to replace the word ''daraba'', which is found in the Arabic text and which means 'beat', with alternative words that more readily evoke the modernist interpretation. | ||
{{Quote|1=[http://www.qtafsir.com/index.php?option=com_content&task=view&id=672 | ===Quran commentaries=== | ||
A couple of important tafsirs are available in English. See also the discussion on al-Tabari's tafsir above. | |||
{{Quote|1=[http://www.qtafsir.com/index.php?option=com_content&task=view&id=672 Tafsir of Ibn Kathir for Qur'an 4:34]|2=(beat them) means, if advice and ignoring her in the bed do not produce the desired results, you are allowed to discipline the wife, without severe beating. Muslim recorded that Jabir said that during the Farewell Hajj, the Prophet said; | |||
(Fear Allah regarding women, for they are your assistants. You have the right on them that they do not allow any person whom you dislike to step on your mat. However, if they do that, you are allowed to discipline them lightly. They have a right on you that you provide them with their provision and clothes, in a reasonable manner.) Ibn `Abbas and several others said that the Ayah refers to a beating that is not violent. Al-Hasan Al-Basri said that it means, a beating that is not severe.}} | (Fear Allah regarding women, for they are your assistants. You have the right on them that they do not allow any person whom you dislike to step on your mat. However, if they do that, you are allowed to discipline them lightly. They have a right on you that you provide them with their provision and clothes, in a reasonable manner.) Ibn `Abbas and several others said that the Ayah refers to a beating that is not violent. Al-Hasan Al-Basri said that it means, a beating that is not severe.}} | ||
{{Quote|1=[https://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=4&tAyahNo=34&tDisplay=yes&UserProfile=0&LanguageId=2 Tafsir al-Jalalyn for Qur'an 4:34]|2=Men are in charge of, they have authority over, women, disciplining them and keeping them in check, because of that with which God has preferred the one over the other, that is, because God has given them the advantage over women, in knowledge, reason, authority and otherwise, and because of what they expend, on them [the women], of their property. Therefore righteous women, among them, are obedient, to their husbands, guarding in the unseen, that is, [guarding] their private parts and otherwise during their spouses’ absence, because of what God has guarded, for them, when He enjoined their male spouses to look after them well. And those you fear may be rebellious, disobedient to you, when such signs appear, admonish them, make them fear God, and share not beds with them, retire to other beds if they manifest such disobedience, and strike them, but not violently, if they refuse to desist [from their rebellion] after leaving them [in separate beds]. If they then obey you, in what is desired from them, do not seek a way against them, a reason to strike them unjustly. God is ever High, Great, so beware of Him, lest He punish you for treating them unjustly.}} | |||
===Islamic law=== | |||
Professor Jonathan Brown writes that jurists interpreted ''nushuz'' in Q. 4:34 in terms of disobedience: "If a wife exhibited egregious disobedience (''nushūz'') such as uncharacteristically insulting behaviour, leaving the house against the husband's will and without valid excuse or denying her husband sex (without medical grounds), the husband should first admonish her to be conscious of God and proper etiquette. If she did not desists from her behaviour, he should cease sleeping with her in their bed. If she still continued with her ''nushūz'', he should then strike her to teach her the error of her ways." He further says that jurists generally attempted to mitigate the "beat them" command of Q. 4:34: "It became received opinion among Sunni ulama from Iberia to Iran that, though striking one's wife was permitted, other means of discipline and dispute were greatly preferred, more effective and better for the piety of both spouses." The hadith scholar Ibn Hajar (d. 1449 CE) went so far as to place beating wives in the sharia category of "strongly disliked" or "verging on prohibited".<ref>Jonathan A. C. Brown, ''Misquoting Muhammad'', London: Oneworld Publications, 2014, p. 276</ref> | |||
Some others were not uncomfortable and found it natural that God would grant such a right to husbands. For Ibn al-Faras (d. 1201 CE) it was "recommended" and saved the wife from her own irrational impulses. The Hanbali jurist Ibn al-Jawzi (d. 1116 CE) allowed a husband to give his wife up to three lashes with a whip.<ref>Jonathan A. C. Brown, ''Misquoting Muhammad'', p. 280-81</ref> Ayesha Chaudary writes that the Hanafi jurist Ibn al Numan (d. 1457 CE) set a limit of ten lashes.<ref>Ayesha Chaudhry, ''Domestic Violence and the Islamic Tradition.'', Oxford: Oxford University Press, 2013, p. 106</ref> Brown says that the Shafi'i school allowed a husband only to strike his wife with his hand or wound up hankerchief, though not a whip or stick, and for the late Shafi'i school wife beating was not recommended. All schools agreed that striking the face or sensitive areas was prohibited.<ref>Jonathan A. C. Brown, ''Misquoting Muhammad'', p. 276, 278</ref> | |||
In her book, ''Domestic violence and the Islamic tradition'', Ayesha Chaudhry explains that unlike Hanafi scholars, who simply adopted the farewell sermon terminology discussed above that men should beat their wives, but without severity (ghayra mubarrihin), Maliki jurists attempted to define more precisely the kind of hitting that was permitted. For them, it should not include punching, nor leave an impression or be fearsome, should not cause fractures nor break bones, nor cause disfiguring wounds.<ref>Ayesha Chaudhry, ''Domestic Violence and the Islamic Tradition.'', p. 111</ref> | |||
Chaudhry also writes that "Hanafi scholars discouraged public inquiries into men's domestic affairs. Ibn Nujaym cited two prophetic reports to this end. The first states, 'Do not ask a man why he hit his wife'; the second reports that 'Muhammad forbade a woman from complaining against her husband.' Both of these prophetic reports limited a wife's ability to seek legal redress if she was beaten by her husband, adding a level of moral and social taboo against speaking about domestic matters in public."<ref>Ayesha Chaudhry, ''Domestic Violence and the Islamic Tradition.'', Oxford: Oxford University Press, 2013, p. 108</ref> Professor Jonathan Brown explains that medieval ulama (scholars) more generally understood the first hadith ({{Ibn Majah||3|9|1986}}) primarily as part of the etiquette of privacy between men, though this did not outweigh public duties and legal protections.<ref>Jonathan A. C. Brown, ''Misquoting Muhammad'', p. 277</ref> | |||
Except for some Malikis, there was agreement that a wife could claim compensation in court for injury. Eventually, all schools except the Hanafi school allowed a judge to disolve the marriage if any physical harm was done to the wife and without forfeiting her dower payment.<ref>Jonathan A. C. Brown, ''Misquoting Muhammad'', p. 272, 282</ref> | |||
Brown details the practical implementation of Islamic jurisprudence in courts from Ottoman times to the present day. If a wife or husband came before a sharia court to complain about each other's behaviour, it was assumed that the process in Q. 4:34-35 had reached the stage in verse 35 when an arbiter and the family are required. In practice, courts followed particular law books of their preferred legal school, though the dominant book varied over time. He finds no evidence that the more permissive stances towards wife beating of Ibn Faras and Ibn Jawzi were manifested in documented court rulings.<ref>Jonathan A. C. Brown, ''Misquoting Muhammad'', pp. 280-285</ref> | |||
The following is a quote from an important Shafi'i legal text: | |||
{{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." | {{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." | ||
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(d) if the disagreement does not end after all this, each partner chooses an arbitrator to solve the dispute by settlement, or divorce.}} | (d) if the disagreement does not end after all this, each partner chooses an arbitrator to solve the dispute by settlement, or divorce.}} | ||
Examples of views that have been expressed in the 21st century are quoted below: | |||
{{Quote|1=[http://memri.org/bin/articles.cgi?Page=archives&Area=sd&ID=SP222909 Egyptian Cleric Galal Al-Khatib Explains Wife-Beating in Islam]<BR>MEMRI: Special Dispatch, No. 2229, February 5, 2009|2=How should the beatings go? Maybe a light slap on her shoulder, or maybe a not-so-light pinch, or a kind of gentle shove. He should make her feel that he wants to reform her, and let her know that he is displeased with her. It is like saying: None of the measures that work with sensitive people work with you. A word would be enough for any wife with lofty morals, but with you, words do not help.<br> | {{Quote|1=[http://memri.org/bin/articles.cgi?Page=archives&Area=sd&ID=SP222909 Egyptian Cleric Galal Al-Khatib Explains Wife-Beating in Islam]<BR>MEMRI: Special Dispatch, No. 2229, February 5, 2009|2=How should the beatings go? Maybe a light slap on her shoulder, or maybe a not-so-light pinch, or a kind of gentle shove. He should make her feel that he wants to reform her, and let her know that he is displeased with her. It is like saying: None of the measures that work with sensitive people work with you. A word would be enough for any wife with lofty morals, but with you, words do not help.<br> | ||
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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.}} | 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.}} | ||
===Reformists=== | |||
The Egyptian-American reformist jurist Abou El Fadl argues using {{Quran|4|128}} and the farewell sermon that nushūz refers to sexual betrayal and that striking a wife is limited to that scenario, while the Saudi scholar Abd al-Hamid Abu Sulayman (d. 2021) claimed daraba in Q. 4:34 means to leave, withdraw, abandon her. He acknowledged that this was a break with 1400 years of Islamic tradition.<ref>Jonathan A. C. Brown, ''Misquoting Muhammad'', p. 271, 277-78</ref> While El Fadl's interpretation of nushūz may be credible, Abu Sulayman's untenable interpretation of the Arabic word daraba (beat) as it is used in Q. 4:34 is discussed in the article [[The Meaning of Daraba]]. | |||
In mid 20th century Tunisia at a time of secularization, Ibn Ashur (d. 1975) claimed that Q. 4:34-35 was entirely addressed as an instruction to the court authorities. His view was based on sharia procedural analogy that only rarely can a party in a case act as judge and mete out punishment, as well as general experience that a man could not be trusted to restrain himself in private and will likely transgress limits.<ref>Jonathan A. C. Brown, ''Misquoting Muhammad'', p. 279-80</ref> Critics would note this as an obviously implausible interpretation of verse 34 since husbands are directly instructed in that verse, most obviously when it tells them to forsake their wives in bed and given that the remedy in the verse is merely for when there is a "fear" of nushūz. | |||
A common modernist or apologetic perspective today is to make use of the narration discussed in the section above on attempts to moderate the severity of beatings, in which Ibn 'Abbas clarifies the farewell sermon phrase "a beating without severity" to mean with a toothbrush stick or similar object. In this interpretation, husbands may lightly tap their wives with a small stick or twig. | |||
==Domestic violence in the Islamic World== | ==Domestic violence in the Islamic World== | ||
Professor Jonathan Brown writes "In some Muslim societies, there is evidence that some men justify violence against their wives by citing Qur'an 4:34", although alongside cultural factors such as these, domestic violence is a worldwide phenomenon, with social science explanations converging on socio-economic factors.<ref>Jonathan A. C. Brown, ''Misquoting Muhammad'', London: Oneworld Publications, 2014, p. 272</ref> | |||
While it is not necessarily the case that the Quran's instruction for men to beat their wives is responsible for the endemic occurrence of domestic violence in Muslim-majority countries (given that such practices are also endorsed in the scriptures revered by the religious populations of societies where domestic violence is not nearly as widespread), a degree of causal connection between the relevant scriptural commandments and the rates of domestic violence observed is strongly suggested by the virtually universal adoption of traditional literalism among Islamic clerics as well as the usually higher-than-average overall religiosity of Muslim societies. | While it is not necessarily the case that the Quran's instruction for men to beat their wives is responsible for the endemic occurrence of domestic violence in Muslim-majority countries (given that such practices are also endorsed in the scriptures revered by the religious populations of societies where domestic violence is not nearly as widespread), a degree of causal connection between the relevant scriptural commandments and the rates of domestic violence observed is strongly suggested by the virtually universal adoption of traditional literalism among Islamic clerics as well as the usually higher-than-average overall religiosity of Muslim societies. | ||
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====References to Quranic verses==== | ====References to Quranic verses==== | ||
Pamela K. Taylor is the co-founder of Muslims for Progressive Values, former director of the Islamic Writers Alliance, and a strong supporter of the female Imam movement. On the Faith Panelist Blog, she writes: | {{Main|Wife Beating in the Qur'an}}Pamela K. Taylor is the co-founder of Muslims for Progressive Values, former director of the Islamic Writers Alliance, and a strong supporter of the female Imam movement. On the Faith Panelist Blog, she writes: | ||
{{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|The brutal and gruesome murder of Aasiya Zubair Hassan has prompted a great deal of soul searching in the Muslim community. National organizations, the local community, imams, Muslim social workers, activists and writers have all agonized over how the community did not do enough to protect Aasiya, despite evidence that her husband, the man charged with killing her, was known to be violent. They have called for imams to preach against domestic violence as against the standards of Islam, and for communities to stand in solidarity with Muslim women who complain of abuse, rather than counseling patience or questioning if there is anything they might have done to cause the abuse, or that they could change in order to avert future abuse.<BR> | {{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|The brutal and gruesome murder of Aasiya Zubair Hassan has prompted a great deal of soul searching in the Muslim community. National organizations, the local community, imams, Muslim social workers, activists and writers have all agonized over how the community did not do enough to protect Aasiya, despite evidence that her husband, the man charged with killing her, was known to be violent. They have called for imams to preach against domestic violence as against the standards of Islam, and for communities to stand in solidarity with Muslim women who complain of abuse, rather than counseling patience or questioning if there is anything they might have done to cause the abuse, or that they could change in order to avert future abuse.<BR> | ||
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{{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)}} | {{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)}} | ||
The hadiths cited by Taylor doubtless exist and, discussed above in present article, make it clear that Muhammad made attempts to moderate the severity of the beatings being undertaken by his companions and, for a brief period, even prohibited these beatings outright. Notably, Taylor does not mention that, in the very same hadith she quotes, Muhammad at first forbids wife beating, but then changes his mind on the advice of Umar (see {{Abu Dawud|11|2141}}). Later, in the same hadith, when some women complain as a result, he makes the remark about the men who beat them quoted by Taylor. That the hadith Taylor chose to cite as evidence that domestic violence is 'indeed against the teachings of Islam' is also the same hadith which marks Muhammad's transition to the final position he took at the behest of Umar which | The hadiths cited by Taylor doubtless exist and, discussed above in present article, make it clear that Muhammad made attempts to moderate the severity of the beatings being undertaken by his companions and, for a brief period, even prohibited these beatings outright. Notably, Taylor does not mention that, in the very same hadith she quotes, Muhammad at first forbids wife beating, but then changes his mind on the advice of Umar (see {{Abu Dawud|11|2141}}). Later, in the same hadith, when some women complain as a result, he makes the remark about the men who beat them quoted by Taylor. That the hadith Taylor chose to cite as evidence that domestic violence is 'indeed against the teachings of Islam' is also the same hadith which marks Muhammad's transition to the final position he took at the behest of Umar which permitted domestic violence - a strange decision on Taylor's part. | ||
====Contestation of the word ''daraba''==== | ====Contestation of the word ''daraba''==== | ||
{{Main|Wife Beating in the Qur'an}}{{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|The fulcrum of this patriarchal interpretation is verse 4:34. Translations vary wildly, ranging from those defining men the the defenders of women to those who render it as men being in charge of women. (The Arabic word, qawamun, comes from a root which means to stand up, thus men are called to stand up for women.) The verse goes on to say that devout women protect that which Allah would have them protect in their husbands absences. Again, the interpretations vary wildly -- from those who read it quite literally, describing pious women as devoted to Allah, to those who take it mean women should be devoutly obedient to their husbands. It continues, saying that if men fear "nushuz" (understood variously as openly rebellion, adultery, spiritual negligence, or wifely disobedience), they should admonish their wives and then separate from them in sleeping arrangements. And then the third phase -- the word used is "daraba." | {{Main|The Meaning of Daraba|Wife Beating in the Qur'an}}{{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|The fulcrum of this patriarchal interpretation is verse 4:34. Translations vary wildly, ranging from those defining men the the defenders of women to those who render it as men being in charge of women. (The Arabic word, qawamun, comes from a root which means to stand up, thus men are called to stand up for women.) The verse goes on to say that devout women protect that which Allah would have them protect in their husbands absences. Again, the interpretations vary wildly -- from those who read it quite literally, describing pious women as devoted to Allah, to those who take it mean women should be devoutly obedient to their husbands. It continues, saying that if men fear "nushuz" (understood variously as openly rebellion, adultery, spiritual negligence, or wifely disobedience), they should admonish their wives and then separate from them in sleeping arrangements. And then the third phase -- the word used is "daraba." | ||
Daraba is used for many, many things in the Qur'an, from sexual intercourse to parting company, from metaphorically striking a parable to physically striking a person or thing. The vast majority of commentators, have understood the meaning of 4:34 to mean hitting. Modern interpreters such as Ahmed Ali and Laleh Bakhtiar, have made a case that this interpretation is wrong. | Daraba is used for many, many things in the Qur'an, from sexual intercourse to parting company, from metaphorically striking a parable to physically striking a person or thing. The vast majority of commentators, have understood the meaning of 4:34 to mean hitting. Modern interpreters such as Ahmed Ali and Laleh Bakhtiar, have made a case that this interpretation is wrong. | ||
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Bakhtiar's argument is particularly strong.}} | Bakhtiar's argument is particularly strong.}} | ||
Taylor cites Laleh Bakhtiar, an Islamic modernist who argues that Islam does not instruct violence against women and that the word ''daraba'' in {{Quran|4|34}} means 'to send away'. Bakhtiar's influence has generally been confined to the Western academy (outside of Islamic studies departments) and has, alongside Taylor's work, been all but comprehensively ridiculed by the wider Islamic world. Her decision to translate {{Quran|4|34}} to suit her modernist interpretation in her English translation of the Quran triggered immense controversy, and many Islamic scholars issued statements denouncing her 'alteration' of scripture, resulting in the Islamic Society of North America banning the sale of her work in Islamic bookstores in Canada. | Taylor cites Laleh Bakhtiar, an Islamic modernist who argues that Islam does not instruct violence against women and that the word ''daraba'' in {{Quran|4|34}} means 'to send away'. Bakhtiar's influence has generally been confined to the Western academy (outside of Islamic studies departments) and has, alongside Taylor's work, been all but comprehensively ridiculed by the wider Islamic world. Her decision to translate {{Quran|4|34}} to suit her modernist interpretation in her English translation of the Quran triggered immense controversy, and many Islamic scholars issued statements denouncing what they described as her 'alteration' of scripture, resulting in the Islamic Society of North America banning the sale of her work in Islamic bookstores in Canada. | ||
Taylor describes Bakhtiar's argument as 'particularly strong'. While this may be Taylor's view, no serious scholar has endorsed Bakhtiar's interpretation (see [[Wife Beating in the Qur'an]]). | Taylor describes Bakhtiar's argument as 'particularly strong'. While this may be Taylor's view, no serious scholar has endorsed Bakhtiar's interpretation (see [[Wife Beating in the Qur'an]]). | ||
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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."}} | 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."}} | ||
While second-hand anecdote presented by Taylor may well be true, there are several hadith accounts (quoted and discussed above in the present article) which directly contradict or undermine Aisha's report about Muhammad never striking a servant or woman - interestingly, the hadith which records Muhammad striking Aisha herself, and allowing his companions to do the same are found in more reliable hadith collections (that is, ''Sahih Muslim'' and ''Sahih'' ''Bukhari'') than the collection in which the hadith from Aisha quoted by Taylor is found (''Sunan Abu Dawud''). It is also probable that Islamic scholars would reject the idea that Muhammad ever struck his wives, as this would perhaps undermine his theological status as the ''Insan al-Kamil'' (lit. 'the perfect man') - this, however, amounts to theological dissonance rather than a historically-sound objection. | |||
Taylor also suggests that the usage of the word ''daraba'' in {{Quran|4|34}} can plausibly be read to mean 'separate from them' or even 'strike a bargain with them'. She presents in evidence of this suggestion that the word ''daraba'' is most often used throughout the Quran in the former sense. This particular claim does not withstand scrutiny, as the word is [[Wife Beating in the Qur'an|most often used in the Quran to mean 'strike']]. Countless traditional Islamic scholars and linguistic authorities - one of whom, it should be mentioned, Taylor is not - have shown such readings, time and again, [[Wife Beating in the Qur'an|to be bereft of linguistic merit]]. | |||
==External Links== | ==External Links== | ||
*[http://www.hotpeachpages.net/index.html International inventory of domestic violence services] ''- Global list of abuse hotlines, shelters, refuges, crisis | *[http://www.hotpeachpages.net/index.html International inventory of domestic violence services] ''- Global list of abuse hotlines, shelters, refuges, crisis centers and women's organizations, with domestic violence information in over 80 languages'' | ||
*[http:///www.answering-islam.org/Silas/wife-beating.htm Wife Beating in Islam] ''- by Silas'' | *[http:///www.answering-islam.org/Silas/wife-beating.htm Wife Beating in Islam] ''- by Silas'' | ||
*[http://www.answering-islam.org/Authors/Arlandson/beating.htm Domestic violence in Islam: The Quran on wife-beating] ''- by James Arlandson'' | *[http://www.answering-islam.org/Authors/Arlandson/beating.htm Domestic violence in Islam: The Quran on wife-beating] ''- by James Arlandson'' | ||
*[http://www.atimes.com/atimes/Middle_East/LE25Ak01.html Wife-beating, sharia, and Western law] ''- Asia Times | *[https://web.archive.org/web/20130601213750/http://www.atimes.com/atimes/Middle_East/LE25Ak01.html Wife-beating, sharia, and Western law] ''- Asia Times'' | ||
===National decrees=== | |||
*[http://www.haaretz.com/news/saudi-judge-says-it-s-okay-for-men-to-beat-their-wives-1.275823 Saudi Judge Says it's Ok for Men to Beat Their Wives] | *[http://www.haaretz.com/news/saudi-judge-says-it-s-okay-for-men-to-beat-their-wives-1.275823 Saudi Judge Says it's Ok for Men to Beat Their Wives] | ||
*[http://gatesofvienna.blogspot.com/2010/03/its-in-koran.html Algeria: Prison for Violent Husbands is Against Koran, Mufti] | *[http://gatesofvienna.blogspot.com/2010/03/its-in-koran.html Algeria: Prison for Violent Husbands is Against Koran, Mufti] | ||
*[http://www.guardian.co.uk/world/2010/oct/18/wife-beating-uae-sharia-law-court Wife-beating allowed under sharia law, UAE court rules] | *[http://www.guardian.co.uk/world/2010/oct/18/wife-beating-uae-sharia-law-court Wife-beating allowed under sharia law, UAE court rules] - ''The Guardian notes this article later had to be 'Removed for legal reasons''' | ||
==References== | ==References== | ||
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[[Category:Criticism of Islam]] | [[Category:Criticism of Islam]] | ||
[[Category:Apologetics]] | [[Category:Apologetics]] | ||
[[ar:ضرب_الزوجة_في_الشريعة_الإسلامية]] | |||