Discover the Holy Quran, Surah 4. An-Nisa' Verses 19-42

taul

Siasat.pk - Blogger
---In the Name of Allah, Most Gracious, Most Merciful.



19- O ye who believe! Ye are forbidden to inherit women against their will. Nor should ye treat them with harshness, that ye may Take away part of their dower ye have given them,-except where they have been guilty of open lewdness; on the contrary live with them on a footing of kindness and equity. If ye take a dislike to them it may be that ye dislike a thing, and Allah brings about through it a great deal of good.


20- But if ye decide to take one wife in place of another, even if ye had given the latter a whole treasure for dower, Take not the least bit of it back: Would ye take it by slander and manifest wrong?

21- And how could ye take it when ye have gone in unto each other, and they have Taken from you a solemn covenant?

22- And marry not women whom your fathers married,- except what is past: It was shameful and odious,- and abominable custom indeed.

23- Prohibited to you (For marriage) are: - Your mothers, daughters, sisters; father's sisters, Mother's sisters; brother's daughters, sister's daughters; foster-mothers (Who gave you suck), foster-sisters; your wives' mothers; your step-daughters under your guardianship, born of your wives to whom ye have gone in, - no prohibition if ye have not gone in; - (Those who have been) wives of your sons proceeding from your lions; and two sisters in wedlock at one and the same time, except for what is past; for Allah is Oft-forgiving, Most Merciful;-

24- Also (prohibited are) women already married, except those whom your right hands possess: Thus hath Allah ordained (Prohibitions) against you: Except for these, all others are lawful, provided ye seek (them in marriage) with gifts from your property,- desiring chastity, not lust, seeing that ye derive benefit from them, give them their dowers (at least) as prescribed; but if, after a dower is prescribed, agree Mutually (to vary it), there is no blame on you, and Allah is All-Knowing, All-wise.

25- If any of you have not the means wherewith to wed free believing women, they may wed believing girls from among those whom your right hands possess: And Allah hath full knowledge about your faith. Ye are one from another: Wed them with the leave of their owners, and give them their dowers, according to what is reasonable: They should be chaste, not lustful, nor taking paramours: when they are taken in wedlock, if they fall into shame, their punishment is half that for free women. This (permission) is for those among you who fear sin; but it is better for you that ye practice self-restraint. And Allah is Oft-forgiving, Most Merciful.

26- Allah doth wish to make clear to you and to show you the ordinances of those before; and (He doth wish to) turn to you (In Mercy): And Allah is All-knowing, All-Wise.

27- Allah doth wish to Turn to you, but the wish of those who follow their lusts is that ye should turn away (from Him),- far, far away.

28- Allah doth wish to lighten your (difficulties): For man was created Weak (in flesh).

29- O ye who believe! Eat not up your property among yourselves in vanities: But let there be amongst you Traffic and trade by mutual good-will: Nor kill (or destroy) yourselves: for verily Allah hath been to you Most Merciful!

30- If any do that in rancour and injustice, - soon shall We cast them into Fire: And easy it is for Allah.

31- If ye (but) eschew the most heinous of the things which ye are forbidden to do, We shall expel out of you all the evil in you, and admit you to a gate of great honour.

32- And in no wise covet those things in which Allah Hath bestowed His gifts More freely on some of you than on others: To men is allotted what they earn, and to women what they earn: But ask Allah of His bounty. For Allah hath full knowledge of all things.

33- To (benefit) every one, We have appointed shares and heirs to property left by parents and relatives. To those, also, to whom your right hand was pledged, give their due portion. For truly Allah is witness to all things.

34- 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 or whose part ye fear disloyalty and ill-conduct, admonish them (first), (Next), refuse to share their beds, (And last) beat them (lightly); but if they return to obedience, seek not against them Means (of annoyance): For Allah is Most High, great (above you all).

35- If ye fear a breach between them twain, appoint (two) arbiters, one from his family, and the other from hers; if they wish for peace, Allah will cause their reconciliation: For Allah hath full knowledge, and is acquainted with all things.

36- Serve Allah, and join not any partners with Him; and do good- to parents, kinsfolk, orphans, those in need, neighbors who are near, neighbors who are strangers, the companion by your side, the wayfarer (ye meet), and what your right hands possess: For Allah loveth not the arrogant, the vainglorious;-

37- (Nor) those who are niggardly or enjoin niggardliness on others, or hide the bounties which Allah hath bestowed on them; for We have prepared, for those who resist Faith, a punishment that steeps them in contempt;-

38- Not those who spend of their substance, to be seen of men, but have no faith in Allah and the Last Day: If any take the Evil One for their intimate, what a dreadful intimate he is!

39- And what burden Were it on them if they had faith in Allah and in the Last Day, and they spent out of what Allah hath given them for sustenance? For Allah hath full knowledge of them.

40- Allah is never unjust in the last degree: If there is any good (done), He doubleth it, and giveth from His own presence a great reward.

41- How then if We brought from each people a witness, and We brought thee as a witness against these people!

42- On that day those who reject Faith and disobey the apostle will wish that the earth Were made one with them: But never will they hide a single fact from Allah.


May Allah Help us act upon the guidance we receive from the Holy Quran.
 

patriot

Minister (2k+ posts)
4:19 O You who have chosen to be graced with belief! It is not lawful for you to force women into marrying or holding on to them in marriage against their will. Pressuring women to remain in wedlock by threatening to take away the marital gift is forbidden. A wife could forfeit the right to the marital gift only if she has indulged in clear lewdness. You shall treat your wives nicely. Even if you dislike them, it may happen that God has placed much good in what you have failed to realize.

4:20 If you wish to marry another wife in place of your present wife, and you have given her a great deal, you shall not take back anything. Would you take it back by way of slander, a transgression that will drag down your self?

4:21 And how could you take the marital gift back from her after you have lived intimately with each other and after she has taken from you a very Solemn Pledge of the marital contract?

4:22 Do not marry women whom your fathers ever married except what has already happened. Doing such was a shameful and abominable custom indeed.

4:23 The following women are prohibited for you in marriage: Your mothers, daughters, sisters, father's sisters, mother's sisters, brother's daughters, sister's daughters, foster-mothers who have ever nursed you, foster-sisters, your wives' mothers, your step-daughters, unless you have divorced their mother without being intimate with her. Also forbidden are women who have ever been the wives of your sons. You are not allowed to keep two sisters in wedlock at one time except what has already happened in the past. God is Forgiving, Merciful.

4:24 Also forbidden to you are women who are already married, except those women who have sought asylum with you against their disbelieving husbands at war with you (60:10). This is Gods Ordinance binding upon you. All other categories are permitted for you in marriage, with mutual consent, as confirmed by giving her a generous marital gift or dowry. You shall seek them in honest wedlock and let marriage be a fortress of chastity for the husband and wife. You shall maintain morality and go not near adultery (17:32). You like to marry women for a better quality of life, so give them their portions as a duty. And there is nothing wrong in adjusting the sum with mutual agreement after the duty has been done. These Laws are given to you by God, the Knower, the Wise.

4:25 (As the Quran is being revealed to you O Messenger, the emancipation of the slaves, male and female, is steadily taking place.) A man among you who cannot find a free believing woman willing to marry him, should have no hesitation in asking the hand of a believing maiden from her guardian. God knows your beliefs and reiterates that all human beings are equal in the Sight of God (17:70). Pay them a generous marital gift in kindness. They shall maintain moral behavior, by not committing adultery, or having secret relations. Since their upbringing has been deficient in the environment of slavery, their punishment will be half that of the free women, if they commit indecency after marriage. The permission to marry a bonded woman is for him who fears he might commit sin. The better recourse is freeing her first from bondage. Men and women must be patient and exercise self-control while waiting to get married. God is Forgiving, Merciful.

4:26 God will explain to you and guide you by the examples of those who were before you, and turn to you (in Mercy). And God is Knower, Wise.

4:27 God turns to you in kindness, while those who follow their desires want that you drift far away from the right path. [They would rather have no laws to constrain their desires]

4:28 God wishes to lighten your burden with His Guidance. The human being is created weak, having the tendency to fall victim to his own selfish desire [7:17, 25:28-29]

4:29 O You who have chosen to be graced with belief! Do not consume one another's wealth wrongfully, not even in mutually agreed trade. Be just in your trade and do not cause people to suffer losses. Do not destroy one another, and thus do not destroy your selves. God is Merciful to you so you must be merciful to others." [Illa here means not even and not except. 2:188, 26:181]

4:30 (After such clear Guidance), people and nations that indulge in transgressions and injustice, shall form a society that burns itself (according to Our Law). Then We will cast them in the Fire, and it is easy for God.
4:31 If you refrain from the great transgressions against humanity that are prohibited in the Quran, for example, violation of human rights, We have room in Our Laws to remove the slight inequities in your society, and admit you through the gate of honor in this world and the Hereafter.

4:32 Covet not the qualities bestowed upon others by God. Men shall earn what they do and women shall earn what they do. Men excel in some areas and women excel in some areas. Envy not one another but seek Gods Bounty to the best of your abilities. God is ever Knower of all things.

4:33 We have ordained the writing of will, and for each of you are the designated shares in the property left by the parents and the relatives. As for those to whom you have solemnly pledged, give them in your life. God is Witness over all things and events. [4:11-12-33-176]

4:34 Men are the protectors and maintainers of women. They shall take full care of women with what they spend of their wealth. God has made men to excel in some areas and women to excel in some areas. Men must see to it that women are provided for, and that they are able to stand on their feet in the society. So, righteous women are obedient to Gods Ordinances and guard their moral values even in privacy, the values that God Commands to be guarded. If you, the society, experiences rebellion from women against the Permanent Values, and they stand up against you, apprise them of possible consequences. Next, the husbands will leave them apart in their resting places. And keep admonishing them with examples that they stop rebelling, else they may receive chastisement through a court of law (just as rebellious men would). If they pay heed to you, seek not a way against them. God is Most High, Great.
[Qawwam = Protector = Maintainer. Nushooz = To stand up 2:259, 58:11, to stand up against, to rebel against the society, to rebel against the Permanent Values. Waaz = To apprise of consequences 2:231, 3:66. Dharb = Example 13:17, 16:74, 36:13. Dharb = To stop 18:11, 43:5. = To embark upon a journey = Strike the road (begin to travel) 4:101. = To give examples 4:34, 13:17, 16:74, 36:13, 43:58. = To abstain from something 43:5. = To stop or prevent 4:34, 43:5. = To strike someone or something 2:60, 8:12, 7:160-161. The court of law will have the Authority to prescribe corporal punishment as for any rebel]

4:35 (Families and communities must adopt a proactive approach regarding a husband and a wife in discord.) If you fear a breach between the two of them (husband and wife), appoint two arbiters, one from his family and one from her family. If they decide to reconcile, God will help them get together. Surely, God is Knower, Aware. [2:228-234, 4:3, 4:19, 4:35, 4:128, 33:49, 58:1 65:1-4]

4:36 Obey God and associate no partner with Him!
- Treat kindly your parents, relatives,
- The orphans,
- And those who have been left alone in the society.
- Take care of the needy,
- The disabled,
- Those whose hard earned income is insufficient to meet their needs,
- And those whose businesses have stalled,
- And those who have lost their jobs.
- You shall treat kindly your related neighbors,
- And unrelated neighbors,
- Companions by your side in public gatherings,
- Or public transportation.
- Be generous to the needy wayfarer,
- the homeless son of the street,
- and the one who reaches you in a destitute condition.
- Be nice to people who work under your care.
God does not love the proud and boastful.

4:37 Those who are stingy and advise others to be stingy, and hide what God has given them of His Bounty, for such ungrateful disbelievers We have prepared a humiliating punishment.

4:38 They give money to charity only to show off, and do not believe in God and the Last Day. Such people have taken Satan, their selfish desire, as their intimate companion. What a terrible companion indeed!

4:39 What have they to fear if they believe in God and the Last Day and spend of what God has given them? God is ever Aware of them.

4:40 God wrongs not anyone even the weight of an atom; and He multiplies a good deed, and from His Own Presence grants a great reward.

4:41 How will it be with them when (on the Resurrection Day) We bring from every community a witness (their Prophet 10:47), and We bring you (O Messenger), a witness among these people (your contemporaries)? [2:143]

4:42 On that Day, those who denied the Truth and paid no heed to the Messenger will wish that they were level with the ground. But not a single utterance or event could they hide from God.
 

foqia khan

MPA (400+ posts)
A Commentary on The Qur'an 4:34
By Dr. Ahmad Shafaat
Of all the Qur'anic passages about men and women perhaps the one most often misunderstood or misused by both Muslims and non-Muslims is verse 34 of Surah an-Nisa. The English translation of this verse reads as follows:
"Men are (meant to be righteous and kind) guardians of women because God has favored some more than others and because they (i.e. men) spend out of their wealth. (In their turn) righteous women are (meant to be) devoted and to guard what God has (willed to be) guarded even though out of sight (of the husband). As for those (women) on whose part you fear ill-will and nasty conduct, admonish them (first), (next) separate them in beds (and last) beat them. But if they obey you, then seek nothing against them. Behold, God is most high and great. (4:34)

The purpose of this article is to give a detailed commentary on the verse in order to make it better understood.

The verse begins with the statement that "men are qawwamun over women". The root of the key word, qawwamun (pl. of qawwam), is qama which means "to stand or to make something stand or to establish something". It is often used in the Holy Qur'an in the sense of establishing religion or prayer. A related word is qa'im which means "one who stands or makes something stand". Qawwam is an intensive form of qa'im and has a sense of continuity in the action involved. So it means one who is continuously standing over something (as, for example, a guard or caretaker) or one who is continuously making something stand, i.e. is maintaining it. In the Qur'anic usage of qawwam and related words there is almost always present an idea of propriety. For example, aqamah of salah is not only praying but also praying properly. The function of qawwam is also understood in the Qur'an to be characterized by fairness. Thus in 4:134 and 5:8, the only other passages in the Qur'an where the word is used, the believers are told:

"O you who believe! Be qawwamin with fairness..."

"O you who believe! Be qawwamin for God as witnesses to fairness..."

Thus to be a qawwam over something or someone is to guard, maintain or take care of that something or someone in a proper and fair manner. If there is any single word in English that can convey the meaning of the word as used in the present word it is probably the one used by Muhammad Pickthal, namely, guardian.

After stating that men are qawwamun over women the verse goes on to say why this is so. Two reasons are given:

1) "Because God has favoured some of them more than others". It is not explicitly stated here who is favoured more than whom but in view of the context it is probable that men are understood in some way to be favoured more than women. But in what way? Again no answer is given in the verse under consideration or elsewhere in the Qur'an. But we can justifiably take the reference to physical strength and energy in which men generally excel women and which enables men to guard women against some of the dangers to which they may be exposed in society and to take care of some of their needs.

From the statement that God has favoured men more than women in some ways we should not conclude, as many careless readers of the Qur'an do, that Islam views men superior to women. For this statement does not exclude the possibility that in some other ways women may be favoured more than men. Indeed observation shows that women are in general more patient, caring and have a more developed intuition than men.

Moreover, the Holy Qur'an makes it clear that while there are many favours of God that He bestows on His creatures in different measures, there is only one favour which determines the superiority of one member of the human species over another and that is taqwa or God consciousness. Thus wealth, strength, health, intelligence, position, education, etc. are all favours of God but we cannot say that a wealthier person is superior to a poorer person, a stronger person is superior is superior to a physically feeble person and so on. we can say only that a more muttaqi person is superior to a less muttaqi person. In the words of the Holy Qur'an:

"The nobler among you in the sight of God is the more muttaqi (righteous) among you." (49:13)

Taqwa (righteousness, God consciousness) is that divine favour of God on which the right use of all other favours of God depends. The more of this quality of taqwa a person has the more the other favours of God benefit him.

Thus the fact that man has been favoured in some ways more than woman does not automatically make him superior to her. It is only when his taqwa is more than hers that he can from the Qur'anic point of view be considered superior to her. And when a person's taqwa increases to a worthwhile level the question of his superiority does not interest him, for he or she realizes that all praises are due to God.

2) The first reason then why men are qawwamun over women is their physical ability to protect women. The second is that "they (i.e. men) spend out of their wealth." Although the Holy Qur'an permits women to earn and own wealth, it expects that men will generally be able to earn more than women because of the natural differences between them. This means that they will generally be responsible for the economic needs of women and this responsibility also makes them qawwamun.

In thinking of men as qawwamun over women we should not limit their role to mere protectors and providers. Properly taking care of women requires more than ensuring their physical security and providing food and shelter. It also requires looking after their psychological and emotional needs which can be summed up in terms of the need for love (30:21). Thus man's role in the relationship between men and women (as husbands and wives) generally consists of three things: protecting the woman, looking after her economic needs and giving her love.

What is the woman's role in this relationship? A brief statement follows about this in the verse:

"The righteous women are devout (qanitat) and guard what Allah has willed to be guarded even though out of sight."

Qanit means one who is devoted to someone and out of love and devotion obeys him or her. Outside of the present verse the word in its various forms, occurs seven times and is used of both men and women. In six out of these seven places, the object of devotion and obedience is understood to be God, in one place it is God and His Messenger. For this reason qanitat may simply mean "devoted to God". In view of the context, the idea of devotion and obedience to the husband may also be read into the word.

Since men are qawwamun over their wives, they must have some authority to make decisions, for a person cannot be an effective guardian or maintainer of someone without having some decision making authority. And whenever there is legitimate decision-making authority on one side, there is some necessity of obedience from the other. In Hadith there are many traditions which encourage women to be obedient to their husbands. Some of these traditions are no doubt forged, being attempts by later Muslims to subjugate their women (1), but others look authentic (2). Thus the Qur'an and Hadith do teach that women should obey their husbands. But this "should" is not a "should" of moral or religious obligation. The Qur'an and authentic ahadith do not command women to be obedient to their husbands, so that it is not a sin on their part if they sometime do not listen to their husbands. The Qur'an and Hadith consider obedience to the husband as simply a desirable quality of the wife.

In connection with the decision-making authority of the husband and the wife's obedience to him, the following further points should also be noted:


i) The "authority" on the husband should not be thought of in terms of the authority of a ruler or a boss. The very personal nature of the relationship between husband and wife and the love and affection which must characterize that relationship (30:21) should be reflected in the way the husband exercises his authority. In particular, he should always fully take into account her feelings on every matter. In Islam, even rulers and bosses are ordered to take into account the views of those in their charge; in case of husbands this is all the more necessary and natural. Likewise, the obedience of the wife to the husband should also reflect the personal and tender nature of their relationship. In particular, it should not be a forced obedience but rather should come naturally out of her love and respect for the husband.
ii) If a wife cannot sufficiently love and respect the husband to give him the obedience he expects, then she can, if she so chooses, seek a divorce which will necessarily be granted to her.

iii) The decision-making "authority" of the husband should be restricted to the area of responsibility (i.e. dealings with the society at large, family budget, etc.) and should not become all-pervasive.

iv) The obedience of the wife to the husband, like all obedience in Islam, is only in what is right and proper. The wife can and indeed should disobey any improper, un-Islamic, command of the husband, e.g., if he commands her not to wear hijab.



"Guarding what God has (willed to be) guarded" means guarding the husband's honour and property as well as wife's own loyalty towards him. "Even though out of sight" (li al-ghayb) refers to the husband's honour and property when he is absent as well as to the wife's secret feelings and thoughts which the husband cannot perceive even if he is present. Thus in return for love, security and financial support the husbands should give their wives, righteous wives should give their husbands love, loyalty and obedience and look after their interests with complete faithfulness.
This, however, describes an ideal situation: a strong loving husband taking full care of the wife and the wife giving him her faithful love, obedience and support. In this situation the couple needs no marriage laws. The husband, for example, does not need to be told to take care of the wife, for it comes naturally out of his love for her. Likewise, the wife does not need to be told to obey her husband and to be faithful to him because all this is the natural result of the love and respect she has for him. It is noteworthy that up to this point the Qur'anic verse does not give any commands. It rather uses a descriptive language: "men are qawwamun...", "righteous women are qanitat...". In other words, the verse simply describes the relationship between husband and wife as nature has meant it to be.

Unfortunately, in a great many cases the relationship between husband and wife, because of weaknesses on one or both sides, falls short of the ideal described above. In many cases, the husband and wife successfully make some adjustments between themselves. In many other cases, however, an adjustment becomes difficult. The remaining part of the verse under consideration concerns such cases.

"As for those women on whose part you fear nushuz..." Before we go any further with the translation, it is important to explain the meaning of the key word nushuz. The literal meaning of the word is "rebellion". But rebellion against whom and in what sense? We should certainly not think of this in terms the rebellion of the ruled against a ruler in a sultanate or dictatorship and conclude that it consists of the wife disobeying some of the husband's commands. This is because the same word nushuz is used in case of a husband in verse 128 of the same surah 4, where it is said: "If a woman fears nushuz on her husband's part..." So nushuz is something that can be feared by the husband on the wife's part or by the wife on her husband's part. It cannot therefore be understood in terms of the ruler-ruled relationship. To correctly understand the meaning of the word, it must be noted that both in the verse under consideration and in verse 128 the reference to nushuz is followed by a reference to the break-up of the marriage (see vv. 35, 130). If this context is kept in mind, then it becomes evident that nushuz means the type of behaviour on the part of the husband or the wife which is so disturbing for the other that their living together becomes difficult.

Now the behaviour of a marriage partner can become disturbing for the other in one of the following two ways:

1) There is no ill-will on the part of the offending party. It is simply because of some incompatibility between the two or the failure on the part of one to understand the other that one of them finds some aspect of the other's behaviour disturbing.
2) One partner knowingly behaves or continues to behave in a way which seriously disturbs the other partner. In this case there is obviously an ill-will on the part of the first partner towards the second.



Nushuz is only this second type of behaviour, for only a deliberate ill-conduct based on ill-will can be described as "rebellion".
There is also a measure of relativeness about nushuz in the sense that what constitutes nushuz in the eyes of one person may not be so viewed by another. For this reason, the judgment that one's spouse has been guilty of nushuz is partly a subjective and personal one. That is why the verse says: "If you fear nushuz..." instead of for example, "if you find nushuz...". In the Holy Qur'an "fearing" signifies subjective but certain, knowledge or judgment about something.

In short, nushuz is a behaviour on the part of one marriage partner which comes out of ill-will and seriously disturbs the other partner.

Let us now proceed further with the verse and see what does it suggest in case of "those women on whose part you fear nushuz".(3) Three steps are recommended: "Admonish them (first), (next) separate them in beds (and last) beat them."

When there is no ill-will on the part of the wife towards the husband and he finds her behaviour hard to live with, he can, of course, divorce her. But marriage difficulties often start with a stage when neither partner really wants a break-up of the marriage and yet, at least from the point of view of one of the partners, the situation is unacceptable. The three steps suggested in the verse pertain to such circumstances.

"Admonish them". In this step the husband can say a great variety of things to the wife. He can bring to her attention some relevant teachings from the Qur'an and Hadith. He can remind her of the adverse effects of a possible break-up of marriage on all concerned - she herself, the children, if any, and he himself. Such admonition however, will be effective only if the husband has a good character, at least in comparison with the wife. Otherwise, the wife can say to him, either in her heart or aloud, "look who is talking".

The husband must practice what he preaches to his wife, for the Qur'an condemns preaching to others what we do not practice ourselves (2:44).

"Separate them in beds". There is a lot that a husband can achieve by talking to the wife in the right way. But if he fails, he should try separating the wife in bed and take other steps that go with such an action, e.g. avoiding to talk to her. If there had ever been any love between the two, this separation while living together, may help that love to return or come to the forefront. The wife may, as a result, become more willing to change her ways and the husband too may begin to see some of the things in a different light. For this suggestion of separation to work it is clear that the husband should have sufficient control over his sexual urges. For, otherwise he may be driven to end the separation in bed before it had any positive effect on the wife.

"Beat them". If even separation fails to work, then it is suggested that men use beating. To this suggestion of the Holy Qur'an there have been two extreme reactions on the part of some Muslims. The first reaction is being apologetic or ashamed of the suggestion. The second is to use it as a justification for indulging in habitual wife battering. Needless to say that both these reactions are wrong. The Quran as we believe is the word of God and is thus every word in it is full of wisdom and love. To be apologetic about any part of the Quran is to lack both knowledge and faith. As for the second response, the suggestion to use beating is made specifically to deal with nushuz on the part of the wife, that is, to deal with her deliberately nasty behaviour that poses a threat to the marriage. Beating is to be done after due admonition and separation in beds and therefore by husbands who have some moral standards and have sufficient control over their sexual passions. Moreover, this beating is not to go on and on but is to be tried as a last step to save the marriage. Once it is clear that it is not working it is to be abandoned in favour of some other steps involving relatives of the husband and the wife mentioned in the next verse (4:35). There is therefore, absolutely no license here for the type of regular and continual wife beating that goes on in some homes, where each time the husband is angry with his wife or with someone else he turns against her and beats her up. In most such cases, the husband has no moral superiority over the wife: the only rule of Shariah that he cares about is this suggestion about beating. He also does not have the kind of control over his sexual passions needed to separate the wife in bed and often beats her the day before or the day after making love to her, an action specifically condemned by the Prophet. (4)

In regard to the suggestion about beating, the following further points should also be noted:

a) According to some traditions the Prophet said in his famous and well-attended speech on the occasion of his farewell pilgrimage that the beating done according to the present verse should be ghayr mubarrih, i.e. in such a way that it should not cause injury, bruise or serious hurt. On this basis some scholars like Tabari and Razi say even that it should be largely symbolic and should be administered "with a folded scarf" or "with a miswak or some such thing". However, to be effective in its purpose of shaking the wife out of her nasty mood it is important that it should provide an energetic demonstration of the anger, frustration and love of the husband. In other words, it should neither seriously hurt the wife nor reduce it to a set of meaningless motions devoid of emotions.

b) The wife has no religious obligation to take the beating. She can ask for and get divorce any time. The suggestion applies only in the case when the husband is seriously disturbed by a prolonged nasty behaviour on the part of the wife but neither he nor the wife is as yet seriously thinking of breaking up.

c) If the husband beats a wife without respecting the limits set down by the Quran and Hadith, then she can take him to court and if ruled in favor has the right to apply the law of retaliation and beat the husband as he beat her.

d) Some fuqaha (Muslim jurists) are of the opinion that beating is permissible but not advisable. They base their view on the fact that the Prophet intensely disliked the action. But to say that beating is only permissible but never advisable is to say that there is never any good in it but the husband can nevertheless resort to it if he wants to; in other words he can beat up his wife without any good reason. This, however, is a view that cannot possibly be attributed to the Book of God. We can expect the Holy Qur'an to mention beating only if there was some wisdom in that mention. Now there are two possible points of wisdom in the mention. First, the beating done within the limits defined by the Qur'an may indeed bring the husband and wife to some kind of understanding. This is not because of the pain involved, which in any case cannot be too much if the guidance in the Quran and Hadith are to be observed. Rather, the husband and wife may come closer together after beating because of the emotions involved. The wife may experience the depth of hurt and disturbance her nushuz is causing and if there is any love left among them may decide for that reason to change her conduct. It seems from observations of human behaviour know that a show of male physical energy can sometimes bring a woman out of a prolonged bad mood (5) even though this energy may be seemingly directed against her in the form of angry words or a slap, provided in this manifestation of energy there is an undercurrent of love and desire for the woman and no real harm is done to the woman. In the situation with which the present verse is dealing, it is understood that in his heart the husband does have some love and desire for the wife. For, he has the option of divorcing her but he is not taking that option. Of course, there are husbands who neither love their wives nor divorce them, but keep them to punish them or exploit them. But we are not dealing with this situation here, since the assumption is that ill-will (nushuz) is from the wife's side. As for the argument that the Prophet intensely disliked beating, we can say that his intense dislike was for the type of beating done outside the limits set down by God. Second, the mention of beating may have the wisdom, ironically, to protect wives against what is called wife battering. The Quran does not always combat undesirable behavior by legal prohibition but by some other means. Experience also shows that legal prohibition of an action may not always be the most effective method to stop it. The Quran by requiring that before any beating there should be admonishing and separation of beds is providing a more effective measure against wife battering, since battering is the result of uncontrollable anger or aggression and this anger or aggression can be tamed during admonishing and separation of beds. No statistics exist, but I feel confident that if we research the behavior of men in different religious groups over a long enough period and a vast enough area of the globe, we will find that the incidents of cases of wife battering and other forms of cruelty to women have been less, both in terms of numbers and seriousness, among Muslims than in other groups.

"But if they obey you, then seek nothing against them". Here obey means that the wife accepts the husband's fair and justified demands or expectations. "Seek nothing against them" means that after the wife has abandoned nushuz and returned to the decent way one partner in marriage should behave towards the other, the husband should forgive and forget the past and start a new page.

"Behold, God is most high and great". These words are meant for both the husband and the wife. Above them both is God in whose name they were joined in marriage. The husband should not forget that the greater physical strength and the superior earning power which give him a certain advantage in marriage comes from God. He should not, therefore, try to push this advantage to unjustified limits. In particular, he should not expect to be the lord and master of the wife.

At the same time the wife should realize that her nasty behaviour is causing a lot of unhappiness to all the family, to herself, to the husband and to the children and other close relatives. She cannot do this to the near ones without displeasing God and without paying for it in some way.

Notes

(1) To the category of forged traditions encouraging women to be obedient to their husbands may safely be relegated the hadith in which the Prophet is reported to have said: "If I were to order anyone to prostrate himself before another, I would order a woman to prostrate herself before her husband" (Tirmidhi, Ahmad). This hadith stands in marked contrast to the whole of the Qur'an and most other ahadith. To be sure the Qur'an and Hadith recognize that in the marriage relationship men have greater responsibilities and therefore also a degree of greater rights, but they do not see this degree in terms that can translate into the kind of subservience of women to their husbands implied in this particular hadith. In fact, masters have greater rights over their slaves than husbands over their wives, as also parents (especially mothers) over their children and yet the Qur'an and Hadith nowhere say that masters or parents are like majazi (figurative, metaphorical) Gods for their slaves or children. How then can husbands be majazi Gods for their wives?

(2) A hadith which talks about the obedience of the husband by the wife and against whose authenticity there seems to be no strong arguments is quoted by Nasa'i and Bayhaqi on the authority of Abu Hurayra. It reads:

"The best wife is the one who pleases (her husband) when he looks at her, obeys him when he gives a command, and does not go against his wishes regarding her person or property by doing anything of which he disapproves."

Notice that this hadith is consistent with the Qur'an in that it does not command women to be obedient to their husbands but simply considers such obedience a desirable quality of a wife.

(3) When a husband dislikes something about the wife without the wife having any nushuz or ill-will towards him, he should continue the marriage relationship in a maruf way as far as possible, remembering that

"if you dislike them (i.e. your wives), it may be that you dislike something and God brings about through it a great deal of good." (4:19)

(4) The Prophet said: "(How odd it is that) one of you should whip his wife as a slave is whipped and then sleep with her at the end of the day". (Bukhari and Muslim, on the authority of 'Abdallah bin Zam'a)

(5) In movies, for example, one often sees the following type of scene: a man and a woman love each other but in some matter the woman simply does not want to listen to the man even though she realizes deep down that he is thinking for the good of both of them. The man tries all the tender ways to bring the woman around to his point of view without any success. Frustrated, the man at last bursts into anger and gives the woman a slap. This shakes the woman out of her mood and she falls on his shoulders, with both happier than before. Of course, movies are no guide for us but sometimes they do represent human nature and life as it is.

First published in Al-Ummah, Montreal, Canada in 1984. Copyright Dr. Ahmad Shafaat. The article may be reproduced for Da'wah purpose with proper references.
 

Back
Top