Endnote 14 from 'Gender Equity in Islam':
In the event of a family dispute, the Qur'an exhorts
the husband totreat his wife kindly and not overlook her POSITIVE
ASPECTS (seeQur'an 4:19). If the problem relates to the wife's
behavior, her husband may exhort her and appeal for reason. In most
cases, this measure is likely to be sufficient. In cases where the
problem continues, the husband may express his displeasure in another
peaceful manner, by sleeping in a separate bed from hers. There are
cases, however, in which a wife persists in deliberate mistreatment and
expresses contempt of her husband and disregard for her marital
obligations. Instead of divorce, the husband may resort to another
measure that may save the marriage, at least in some cases. Such a
measure is more accurately described as a gentle tap on the body, but
NEVER ON THE FACE, making it more of a symbolic measure then a
punitive one. Following is the related Qur'anic text:
Men are the protectors and maintainers of women. because
Allah has given the one more (strength) than the other, and because they
support them from their means. Therefore the righteous women are devoutly
obedient, and guard in (the husband's) absence what Allah would have
them guard. As to those women on whose part you fear disloyalty and
ill-conduct, admonish them (first), (next) do not share their beds,
(and last) beat (tap) them (lightly); but if they return to obedience,
seek not against them means (of annoyance): for Allah is Most High,
Great (above you all). (4:34)
Even here, that maximum measure is limited by the
following:
a. It must be seen as A RARE EXCEPTION TO THE
REPEATED EXHORTATION OF MUTUAL RESPECT, KINDNESS AND GOOD TREATMENT,
discussed earlier. Based on the Qur'an and hadith this measure may be
used in the cases of lewdness on the part of the wife or extreme
refraction and rejection of the husband's reasonable requests on a
consistent basis (nushuz). Even then, other measures, such as
exhortation, should be tried first.
b. As defined by hadith, it is NOT PERMISSIBLE
TO STRIKE ANYONE'S FACE, CAUSE ANY BODILY HARM OR EVEN BE HARSH.
What the hadith qualified as dharban ghayra mubarrih, or light striking,
was interpreted by early jurists as a (symbolic) use of miswak (a small
natural toothbrush)! They further qualified permissible "striking" as
that which leaves no mark on the body. It is interesting that this
latter fourteen-centuries-old qualifier is the criterion used in
contemporary American law to separate a light and harmless tap or
strike from "abuse" in the legal sense. This makes it clear that even
this extreme, last resort, and "lesser of the two evils" measure that
may save a marriage does not meet the definitions of "physical abuse,"
"family violence, " or "wife battering" in the 20th century law in
liberal democracies, where such extremes are so commonplace that they
are seen as national concerns.
c. The permissibility of such symbolic expression
of the seriousness of continued refraction DOES NOT IMPLY ITS DESIRABILITY.
In several ahadith, Prophet Muhammad (P) discouraged this measure.
Among his sayings are the following: "Do not beat the female servants
of Allah;" "Some (women) visited my family complaining about their husbands
(beating them). These (husbands) are not the best of you;" and" [It is
not a shame that] one of you beats his wife like [an unscrupulous
person] beats a slave and maybe he sleeps with her at the end of the
day." (See Riyadh Al-Saliheen, op.cit,p.p. 137-140). In another hadith
the Prophet (Pbuh) said
...How does anyone of you beat his wife as he beats the
stallion camel and then he may embrace (sleep with) her?... (Sahih
Al-Bukhari, op.cit., vol.8.hadith 68, pp.42-43).
d. True following of the sunnah is to follow the
example of the Prophet Muhammad (Pbuh), who NEVER RESORTED TO THAT
MEASURE, regardless of the circumstances.
e. Islamic teachings are universal in nature. They respond to the
needs and circumstances of diverse times, cultures and circumstances.
Some measures may work in some cases and cultures or with certain
persons but may not be effective in others. by definition, a
"permissible" act is neither required, encouraged or forbidden. In
fact it may be BETTER TO SPELL OUT THE EXTENT of permissibility, such
as in the issue at hand, rather than leaving it unrestricted and
unqualified, or ignoring it all together. In the absence of strict
qualifiers, persons may interpret the matter in their own way, which
can lead to excesses and real abuse.
f. Any excess, cruelty, family violence, or abuse committed by any
"Muslim" can never be traced, honestly, to any revelatory text (Qur'an
or hadith). Such EXCESSES AND VIOLATIONS ARE TO BE BLAMED ON THE
PERSON(S) HIMSELF, as it shows that they are paying lip service to
Islamic teachings and injunctions and failing to follow the true
Sunnah of the Prophet (Pbuh).
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About the author:
This is a copyright article of Jamal Badawi.