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Wife Beating in Islamic Law: Difference between revisions
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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. | ||
{{Quote|{{Abu Dawud|11|2141}}|Iyas ibn Abdullah ibn AbuDhubab reported the Apostle of Allah | {{Quote|{{Abu Dawud|11|2141}}|Iyas ibn Abdullah ibn AbuDhubab 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. | ||
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===Pamela K. Taylor=== | ===Pamela K. Taylor=== | ||
==== 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: | 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: | ||
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Taylor states that 'domestic violence is indeed against the teachings of Islam'. This statement does not withstand historical scrutiny, as attested by 14 centuries of Islamic legal thought, all of which endorses wife-beating. It is equally unacceptable as a description of Islamic scripture, a representative sampling of which has been quoted in the above portion of the present article. In light of these observations, it is perhaps unsurprising that Taylor's work as an activist has been consistently ridiculed by the broader Islamic community. | Taylor states that 'domestic violence is indeed against the teachings of Islam'. This statement does not withstand historical scrutiny, as attested by 14 centuries of Islamic legal thought, all of which endorses wife-beating. It is equally unacceptable as a description of Islamic scripture, a representative sampling of which has been quoted in the above portion of the present article. In light of these observations, it is perhaps unsurprising that Taylor's work as an activist has been consistently ridiculed by the broader Islamic community. | ||
==== References to hadiths ==== | ====References to hadiths==== | ||
{{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. | 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 once again legalized 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." | |||
{{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 | 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 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 describes Bakhtiar's argument as 'particularly strong'. While this may be Taylor's view, no serious scholar has endorsed Bakhtiar's interpretation. | |||
====Muhammad never hit a woman==== | ====Muhammad never hit a woman==== | ||