Ruwayda Mustafah

There is no definition of violence that is universally agreed on. In the context of domestic violence, it is commonly defined and understood as an act perpetuated with the intention, or perceived intention, of causing physical pain or injury to another person.¹ From an ecological perspective – arguably intimate partner violence (IPV) stems from cultural attitudes, values and beliefs that perpetuate violence.

The usage of violence against women is not confined to one continent or culture. It is a problem throughout the world. There are Muslim women who are victims of domestic violence in predominantly Muslim countries and there are non-Muslim women who are also victims of domestic violence in predominantly secular countries. Domestic violence in Muslim countries can’t be linked to any set of teachings within Islam because there is scholarly consensus making violence against women a crime under the Islamic court of Justice and in sight of God, If anything violence used against women illustrates lack of Islamic teachings. Men in western, secular and Liberal countries are free from the influence and tradition of Islam and Muslims yet this has not decreased the crime statistics in respect to domestic violence against women.This inevitably illustrates, violence against women is not linked to religious teachings but a mentality perpetuated by a desire to control.

In United Kingdom the Home office research report shows:²

• Domestic violence accounts for 15% of all violent incidents.
• One in four women and one in six men will be a victim of domestic violence in their lifetime with women at greater risk of repeat victimisation and serious injury
• 89% of those suffering four or more incidents are women.
• One incident of domestic violence is reported to the police every minute.
• On average, two women a week are killed by a current or former male partner.

In Canada research shows:

• Women experience higher rates than men of sexual assault, stalking, serious spousal assaults and spousal homicide.³
• In 2004, twice as many women than men were beaten by their partners and four times as many were choked.⁴
• Of the almost 34,000 victims of spousal violence reported in 2000, women accounted for the majority of victims (85%): a total of 28,633 victims.⁵
• Women are three times more likely than men to be physically injured by spousal violence and five times more likely to require medical attention.⁶
• Women are five times more likely to fear for their lives as a result of spousal violence: the violence or threat of violence was so severe that 38% of women feared for their lives compared with 7% of men.⁷

The institution of marriage in Islam is different from Christianity. This is because in Islam women do not blindly and consciously submit to their husbands as they do to their Lord. The husband is not great enough to be obeyed as though he is the creator. He is just a human being with faults, sins and errors in his judgement. In contrast God is free from errors and therefore submission to the Lord is greater and more wholesome whereas submission to the husband is done on a different scale. He is the leader of the household and the wife is the caretaker of the household with responsibilities, however the Husband is not infallible, unquestionable and the sole decision maker. He is to be listened to and respected but not followed blindly in all matters in Islam. In contrast, biblical Christianity puts women under the authority and subjection of the Husband. This is evident from the following;

Wives, submit to your husbands as to the Lord. For the husband is the head of the wife as Christ is the head of the church, his body, of which he is the Savior. Ephesians 5:22-23

Wives, be subject to your husbands, as is fitting in the Lord. Colossians 3:18

The topic of “wife beating” is often purported by Christians and the like to be part of Islam. Christian apologists have attempted to substantiate pretentious arguments against Islam by reinterpreting Islamic scripture in accordance to their paradigm of faith. Islam does not permit, sanction or call for the beating of women.  This is a brief response to “Wife beating in the Qur`an” By Silas from Answering-Islam.⁸ May Allah (swt) make the following of benefit to the Muslims and seekers of truth.

Re: The traditions (Hadith)

Hadiths are the recorded tradition of the Prophet Muhammed (Salla llahu `alay wasalam). They have been classified into four broad categories in terms of their reliability by the Islamic scholars; saheeh (authentic), Hasan (good), tha`ef (weak), mandu` (fabricated). When the Hadiths were formally registered, out of 16 000 many were classified as mandu` and consequently only a small portion were classified as authentic and reliable. Therefore it is essential to check the reliability of a quoted hadith, and more importantly it is necessary to have a basic understanding of both the classification of Hadiths and its constituents.

Silas has quoted less than 10 hadiths out of the thousands in an attempt to prove the acceptance of a heinous practice such as wife beating. In doing so he has failed to show the approval of the Prophet Muhammed (Salla llahu `alay wasalam). Islam contains a large canon of text; singular verses and hadiths can’t be isolated or used to formulate a ruling. This is because when Islam was revealed the Prophet Muhammad (Salla llahu `alay wasalam) reformed, abolished and generated many practices. For example at some stage it was not against the Islamic Constitution to have contractual relations without initiating the intention of a permanent marriage, yet much later it was abolished as a practice. Therefore it is essential to contextualize Hadiths and Quranic verses within the patriarchal society it was revealed in, as well as to look at it in respect to other Hadiths and Quranic verses pertaining to the same subject.

• Ex-Wife of Rifa`

This Hadith is more complicated than it seems for several reasons, namely nowhere does the Prophet Muhammad (Salla llahu `alay wasalam) permit or encourage domestic violence. The Prophet (Salla llahu `alay wasalam) has encouraged men to treat their wives kindly and condemned men who beat their wives however, in this particular case there was something else to learn from. The Prophet (Salla llahu `alay wasalam) manifested his disapproval of men who are harsh with women by not recommending them for marriage. This case reinforces another part of the Islamic constitution in respect to marriage. In Islam when an irrevocable declaration of divorce has been proclaimed it is not permissible or legitimate to marry someone for the sake of going back to one’s previous partner because this would be abusing the established system of marriage. Another important factor overlooked is, we don’t know what happened afterwards. We only have a narration of a five minute encounter. It would be unreasonable to assume or impose any interpretation, ideas or even explanation that is not apparent from the text. And if this hadith was set to prove anything it would illustrate the low status those who are harsh with women have. It is esstential to not isolate singular hadiths in order to generate a ruling. This means when we investigate the concept of “wife beating” we do so while keeping in mind other Hadiths and Qur`anic verses relating to this subject.

• Abu Jahm – Wife beater

…She said: Mu’awiya and Abu’l-Jahm were among those who had given me the proposal of marriage. Thereupon Allah’s Apostle said: Mu’awiya is destitute and in poor condition and Abu’l-Jahm is very harsh with women (or he beats women, or like that), you should take Usama b. Zaid (as your husband).⁹

The mention of Abu Jahm as someone harsh with women and a wife beater does not mean his actions were consistent with Islam. In fact, the messenger of Allah (Salla llahu `alay wasalam) recommends Usama b. Zaid and not Abu Jahm. Therefore we see clear evidence that wife-beaters or those who are harsh with women are not recommended for marriage but instead put aside due to their incorrect approach to women. This is admonishment for men (they will never get married until they change their approach to women).

• Hadith compilers dedicating chapters to wife-beating (Ibn Majah, Abu Dawud).

Both Abu Dawud and Ibn Majah do not have a chapter dedicated to wife beating. This is another example of misinformation and even if there was a chapter on wife-beating, it does not necessitate approval or it’s sanctioning.

• Hadiths pertaining to wife beating

Umar reported the prophet as saying: “A man will not be asked as to why he beat his wife”.¹⁰

Iyas Dhubab 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”. ¹¹

Islam has a large canon of codified and authenticated texts, and out of the thousands of Prophetic actions pertaining to his relationship with his wives and women within his community these two Hadiths which have been quoted by Silas do not qualify as conclusive evidence for the permissibility of wife beating within Islam. This is because the first Hadith quoted by Umar (ra) is weak. A weak hadith does not mean it is to be dismissed; weak Hadiths have levels of weakness. There are instances where a weak hadith is accepted as Saheeh (authentic), and this is when there are other Hadiths with different narrators confirming the same incident. However in this instance there are no known authentic narrations similar or like this. Therefore it necessarily follows that there is a validated possibility of doubt in respect to whether the Prophet (Salla llahu `alay wasalam) actually uttered these words. And consequently this hadith is rejected because weak hadiths are not used to initiate a ruling, this is the consensual view among the scholars.

The second hadith illustrates clearly that those who beat their wives are not the best among the community and therefore when the companions admonished their wives it became clear that such actions were unacceptable and frowned upon by the Prophet (Salla llahu `alay wasalam). This was the most practical way to show the community what is not liked (i.e. beating of women) and how it is an act that does not bring goodness because their wives did not follow the orders of their husbands but, instead they went and complained to the Prophet (Salla llahu `alay wasalam). In response to their complaint the Prophet (Salla llahu `alay wasalam) tells the women they [Husbands] are not the best among you. This is why the Prophet (Salla llahu `alay wasalam) reminds men in his farewell sermon to be good to women and gives constant reminders to men to be good to women.

• Aisha was struck

Muslims have to remind Christian apologists when it comes to quoting Hadiths that they are often mistranslated. For example Silas mentions the Prophet (Salla llahu `alaywasalam) having an argument with his wife, but he makes the mistake of using a mistranslated Hadith in an attempt to prove that Islam permits wife-beating. The word “struck” in the Hadith is incorrectly translated because (‏فلهدني) does not mean struck but, rather it means to push. And this one-off incident does not illustrate the Prophet’s approval. Domestic violence is not one push; it is physical injuries and verbal abuse on a continuous base. The law does not recognize one push as domestic violence, or injury without intent. In fact Aisha (May Allah be pleased with her) testifies the prophet (Salla llahu `aaly wasalam) never hit women.

“Imam Ahmad recorded that `A’ishah said, “The Messenger of Allah never struck a servant of his with his hand, nor did he ever hit a woman. He never hit anything with his hand, except for when he was fighting Jihad in the cause of Allah. And he was never given the option between two things except that the most beloved of the two to him was the easiest of them, as long as it did not involve sin. If it did involve sin, then he stayed farther away from sin than any of the people. He would not avenge himself concerning anything that was done to him, except if the limits of Allah were transgressed. Then, in that case he would avenge for the sake of Allah.”¹²

In light of this, we come to the conclusion the Prophet (Salla llahu `alay wasalam) did not hit women (or Aisha). In fact if we read the cases in United Kingdom in respect to domestic violence it is clear when a wife or husband slightly pushes the other it does not constitute as domestic violence. It would be absurd to argue on the basis of one incident that the Prophet (Salla llahu `alay wasalam) violated or hurt Aisha. If the Prophet (Salla llahu `alay wasalam) was indeed a wife-beater then why are there no other events throughout his marriages since his private life has been recorded. In Europe, no state recognizes one push as domestic violence when the person has had no history of violence and especially when the wife herself testifies to the Husband not being a beater of women.

• Hafsa (ra) and Aisha (ra) “slapped” by their fathers

This is a separate topic which is not related to wife-beating, domestic violence or Husbands abusing wives and the Hadith quoted by silas does not say “slap” in the Arabic. In addition the content of the article is empty and it is supported by evidence that relates to the status and position of women and not wife-beating.

Re: The biographical Material (Sira) – The farewell sermon

أما بعد : أيها الناس : فإن لكم على نسائكم حقا و لهن عليكم حقا لكم عليهن ألا يوطئن فرشكم أحدا تكرهونه و عليهن ألا يأتين بفاحشة مبينة فإن فعلن فإن الله قد أذن لكم أن تهجروهن فى المضاجع و تضربوهن ضربا غير مبرح فإن انتهين فلهن رزقهن و كسوتهن بالمعروف و استوصوا بالنساء خيرا فإنهن عندكم عوان لا يملكن لأنفسهن شيئا و أنكم إنما أخذتموهن أمانة الله و استحللتم فروجهن بكلمة الله . فاعقلوا أيها الناس و اسمعوا قولى فإنى قد بلّغت و تركتم فيكم ما إن اعتصمتم به فلن تضلوا أبدا كتاب الله و سنّة نبيه . أيها الناس اسمعوا قولى ، فإنى قد بلّغت و اعقلوا ، تعلمن أن كل مسلم أخو المسلم و أن المسلمين و أن المسلمين إخوة فلا يحل لامرئ من أخيه إلا ما أعطاه عن طيب نفس فلا تظلموا أنفسكم ، اللَّهُمَّ هل بلّغت ، قالوا : اللَّهُمَّ نعم ، قال : اللَّهُمَّ فاشهد

Silas has a very creative way of merging quotations together to produce something that does not exist. The farewell sermon of Muhammad (Salla llahu `alay wasalam) was an reinforcement of proportional equality between men and women “You have rights over your wives and they too have rights over you” (فإن لكم على نسائكم حقا و لهن عليكم حقا).

Moreover: O People:  You have rights over your wives and they have rights over you except if they commit fahisha mubina and if they do, then Allah has permitted you to separate yourself from their bed and to beat them tharba ghayer mubarrih (a beating that does not hurt them/cause pain or without the usage of violence). Then, if they obey you, do not show them hostility any longer. Lo! you have a right over your women and they have a right over you. Your right over your women is that they do not allow whom you hate to enter your bed nor your house. While their right over them is that you treat them excellently in their garb and provision.

RE: Commentaries of Qur`anic verses

There is a principle which every Muslim acknowledges, that is opinions and commentaries of scholars are not binding on Muslims. They are subject to criticism and are not infallible. Therefore whenever there is a commentary it is important to keep in mind opinions and commentaries are often moulded and shaped by their respective societies. The basis of Islam is the Qur`an and Sunnah, and these two intrinsic aspects of Islam are binding on all Muslims which are not subject to scrutiny but, commentaries are subject to questioning and scrutiny.

The mistranslated and edited quotes for the purposes of confusion, misinformation and deceit are mostly referring to rulings on things in respect to marriage, For example:

Al Zahry said: if a man hit his wife or wounded her, he is not to be charged, unless he kills her, then he shall be killed for murdering her.

Al Zahry (within context) is speaking about if a husband abuses his wife with the intention of killing her (mens rea and actus rea in effect). Then he is to be killed with the charge of murder. There is no pardon or mercy on the husband but instead he is killed for abusing his wife to death. Therefore when Al Zahry mentions “If a man hit his wife or wounds her” he is talking about this form of abuse not having the same consequences or charge as it would if he killed her. He is not advocating the beating, abuse or mistreatment of women but, he is pointing out how severe the Islamic system is on men who abuse their wives. In other words he is speaking about the punishment for Husbands who murder their wives and not wife beating.

Every narrator, scholar and commentator here clearly states in reference to وَاضْرِبُوهُنَّ (and ”hit” them) that it is done without causing any harm because the Prophet (Salla llahu `alay wasalam) has said ضربا غير مبرح meaning a hit/scrouge without causing anguish, pain, marks or injuries. However this essential information is both mistranslated and not conveyed adequately by Silas.

When the Prophet (Salla llahu `alay wasalam) defines what وَاضْرِبُوهُنَّ (squeeze/hit/poke them) means and the commentators such as Ibn Abbas formulate an example of its application when asked “What does hit them in a way without causing pain” mean; he explains that it is done with a toothpick or the like. This is important to acknowledge because Silas is attempting to brush aside almost every scholarly commentary and Prophetic admonishment in respect to harsh treatment of women to suit his conclusion.

The sayings of scholars in respect to women are a separate issue from wife beating. They are in reference to several things while all being mentioned in the same context. In addition it is necessary to separate comments in relation to wife beating and those in reference to other which are non-related. In order to avoid being accused of Modernist thought on this topic – it is easy to refute the proposition that wife beating – as known in the west “the intention to purposely hurt or abuse someone” as acceptable within the Islamic doctrine. This is because, the concept of beating in the west is different from what the scholars have said about hitting a wife. Even the word “hitting” has to be used with great care and delicacy because, even the ordinary usage of the word tharb refers to hitting without caution. The Islamic definition and restrictive paradigm on ‘hitting’ a wife is impossible to reconcile with domestic violence because domestic violence is haram (prohibited), and punishable under Islamic law.

Where does this leave us? Simply put – Islam does not accept wife-beating as we understand it in the western world nor does the Islamic teachings refer to wife-beating or any form of abuse towards women because the linguistics make it impossible to hit a woman without hurting her. What Islam permits, if all forms of communication fails, is hitting a female in a way that does not hurt her – as a response to men who wanted to discipline their wives . It is clear that this is different from wife-beating, spouse abuse or Intimate partner violence. The distinction between the Islamic concept of wife-beating – despite the inadequate terminology used is necessary. This is because Allah commands the believing men to protect women¹³ – so we ask, how then, can Muslim men harm women when one of their primary obligations is to protect them from any harm.

It seems to be unnecessary to respond to the other comments in reference to women in Ibn Kathir, Nawawi and so on, because they are to be placed in a different context, dealing with different subjects. The article lacks substantive content illustrating in light of the Prophet Muhammad (Salla llahu `alay wasalam) tradition that violence against women is permitted. The only conclusion in reference to beating of women that can be deduced from all the scholarly sayings ( Tabari¹⁴; Ibn Kathir¹⁵; Baidawi¹⁶; Jalalain¹⁷; Ibn Abbas¹⁸; Al Qurtubi¹⁹; Al Nawawi) is if a man was to hit a woman, he is to hit her without causing her any harm or pain. All of the above mentioned scholars are in consensus on this.

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