Wife Beating in Islamic Law: Difference between revisions

==Introduction==

==Islamic Scriptures and Wife-Beating==

'''Shakir translation:''' Men are the maintainers of women because Allah has made some of them to excel others and because they spend out of their property; the good women are therefore obedient, guarding the unseen as Allah has guarded; and (as to) those on whose part you fear desertion, admonish them, and leave them alone in the sleeping-places and '''beat them'''; then if they obey you, do not seek a way against them; surely Allah is High, Great. )}}

In Arabic:

====Job beat his wife (38:44)====

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

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

In our first hadith, [[Muhammad]] causes his wife [[Aisha]] physical pain by striking her in the chest. The word used here is lahada, which means he pushed violently or struck her chest<ref>lahada [http://www.studyquran.org/LaneLexicon/Volume7/00000204.pdf Lane's Lexicon] page 2676</ref>. Please note that the sunnah.com website (and websites that copy their text) use the Dar-us-Salam translation, but have taken it upon themselves to drastically alter the translation of this sentence for apologetic reasons. Below you will find the original translation.

{{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|1=[http://sunnah.com/abudawud/43/14 AbuDawud 42:4768]|2=`A’isha said:

{{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.’”}}

{{Quote|{{Abu Dawud|11|2141}}|Iyas ibn Abdullah ibn AbuDhubab reported the Apostle of Allah (peace_be_upon_him) as saying: Do not beat Allah's handmaidens, but when Umar came to the Apostle of Allah (peace_be_upon_him) 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 (peace_be_upon_him) complaining against their husbands. So the Apostle of Allah (peace_be_upon_him) said: Many women have gone round Muhammad's family complaining against their husbands. They are not the best among you.}}

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

{{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|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.}}

In summation, we find in the Hadiths:

#Three of the four Rightly-Guided Caliphs beat women

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

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

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

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

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

{{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)}}

===Daraba means to "send away"===

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."}}

===Beat them only lightly, with a miswak===

===Muhammad's farewell sermon===

==Conclusion==

{{Core Women}}