Wife Beating in Islamic Law: Difference between revisions

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-[[File:A scene from submission.jpg|right|thumb|278px|A scene from Submission, a film about domestic violence in Islam, by Theo van Gogh.]]
 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.
 ==Islamic scriptures and wife-beating==
-{{Main|Wife Beating in the Qur'an}}
 See Also:[[Qur'an, Hadith and Scholars:Wife Beating]]
 ===Wife-beating in the Qur'an===
+{{Main|Wife Beating in the Qur'an}}
 ====(4:34) 'Beat them'====
 {{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.
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 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====
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 ====Muhammad's companions striking women====
-There is some hadith evidence that the wife beating verse may have been a result of pressure from 'Umar, or at least there is an intention in the hadith to exonerate Muhammad who is portrayed as reluctantly agreeing to permit wife beating with the man who would became the second rightly guided Caliph. 'Umar 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|59}} is even more explicitly linked to pressure from 'Umar (see the article [[Hijab]]).
+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.
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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.
-Tabari, a source Islamic scholars view as being considerably less reliable than the sahih hadiths, also reports that Ibn Abbas narrated that Muhammad at some point instructed that Men should only beat their wives with the twig-like device known as a ''miswaak''. Many doubt the reliability of this report, which appears to contradict the overall message of the hadith literature, but it is equally possible that Muhammad at some point actually endorsed this view, only to finally adopt the position indicated in the farewell sermon.
+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.
-==Early and modern Islamic authorities on wife-beating==
+==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.
 ===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.}}
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 ===Islamic law===
-Professor Jonathan Brown writes that jurists interpreted ''nushuz'' in Q. 4:34 in terms of disobedience: "If a wife exhibited egregious disobedience (''nushuz'') 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 ''nushuz'', 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>
+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'', London: Oneworld Publications, 2014, 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 stiking the face or sensitive areas was prohibited.<ref>Jonathan A. C. Brown, ''Misquoting Muhammad'', London: Oneworld Publications, 2014, p. 276, 278</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>
-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>
+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>
-Ayesha Chaudhry in her book, ''Domestic violence and the Islamic tradition'', 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) understood the first hadith 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>
+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>
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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.}}
+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>
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 Beating is one of the punishments of religious law. What kind of people are beaten? Virgin adulterers, both men and women, are beaten as a means of discipline. Who else is beaten? A person who committed an offense and was sentenced by the judge to beatings. Who else is beaten? Someone who committed a crime. By beating his wife, the husband is saying: You've committed a grave sin that merits beatings."}}
-Examples of views that have been expressed in the 21st century are quoted below:
 {{Quote|[http://www.memri.org/report/en/0/0/0/0/0/0/4048.htm Dr. Ahmad Al-Tayyeb, President of Al-Azhar University and former Mufti of Egypt]<BR>MEMRI: Special Dispatch No.2868, March 19, 2010|With regard to wife beating... In a nutshell, it appeared as part of a program to reform the wife. [According to the Koran], first 'admonish them,' [then] 'sleep in separate beds, and beat them.'...This method appeared as part of the treatment of a rebellious wife. I am faced with two options – either the family will be destroyed by divorce, or I can use means that may bring my wife, the mother of my children, back to her senses. The first means is admonishment...The second means of treatment is 'sleeping in separate beds.' Why? Because this targets the honor... A lot could be said about this. The strength of a woman lies in her ability to seduce the man. The man is strong and can do whatever he wants, but the woman has a weapon of her own. This weapon can be targeted. Many women will come back to their senses, when they realize that this is what's involved...By Allah, even if only one woman out of a million can be reformed by light beatings... '''It's not really beating, it's more like punching'''... It's like shoving or poking her. That's what it is.}}
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 ===Reformists===
-The Egyptian-American reformist jurist Abou El Fadl argues using {{Quran|4|128}} and the farewell sermon that nushuz 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> This untenable interpretation of the Arabic word daraba is discussed in the article [[Wife Beating in the Qur'an]].
+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 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 that the remedy in the verse is merely for when there is a "fear" of nushuz.
+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, at least in the West, is to appeal to the narration about tapping with a miswak (toothbrush stick), as discussed in the section on hadiths above.
+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==
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 ====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.

Wife Beating in Islamic Law: Difference between revisions

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