NationMaster - Encyclopedia: Islam and domestic violence

The extent to which domestic violence is sanctioned or opposed by Islam is a matter of debate. The basis most often cited for the Qur'an's approval of domestic violence is An-Nisa, 34: This article does not cite any references or sources. ... For people named Islam, see Islam (name). ... This article needs additional references or sources for verification. ... Verse 34 of an-Nisa is one of the more controversial verses, since some interpret it as a husband does have the right to strike his wife given some conditions. ...

Among Islamic scholars, many interpretive problems have arisen regarding the occasions (if any) on which beating is appropriate, the type of beating prescribed, and whether beating remains discountenanced even if acceptable. This article needs additional references or sources for verification. ... This article needs additional references or sources for verification. ... Ulema (Arabic: علماء) is the community of legal scholars of Islam and the Sharia. ...

While many of the scholars allowing "beating" stress that it is a last resort, discountenanced, and must be done so as not to cause injury, many Muslims believe that domestic violence is acceptable, and domestic violence is often considered to be a problem particularly associated with Muslim communities.^[1]

Qur'anic exegesis related to domestic violence

Verse 34 of an-Nisa is one of the most important verses for husband and wife relationship in Islam. In most translations, it explicitly gives permission to men to beat their wives if they fear "rebellion," or "nushûz". Many interpretive problems have arisen regarding the occasions (if any) on which beating is appropriate, the type of beating prescribed, and whether beating remains discountenanced even if acceptable. Verse 34 of an-Nisa is one of the more controversial verses, since some interpret it as a husband does have the right to strike his wife given some conditions. ... Surat An-Nisa (The Women) is the 4th sura of the Quran, with 176 ayat. ... For people named Islam, see Islam (name). ...

Proper and improper occasions for beating

Beating (as well as admonishment and leaving wives in their beds) is permitted after "nushûz" (نُشُوز), which is translated as "disloyalty and ill-conduct" by Yusuf Ali, "rebellion" by Pickthall and "desertion" by Shakir. (Mohammed) Marmaduke William Pickthall, (1875â€“May 19, 1936), a Western Islamic scholar, noted as a poetic and accurate translator of the Quran into English. ... Mohammad Habib Shakir, born Cairo 1866, died Cairo 1939, translated the Quran into English. ...

In many modern interpretations of the Qur'an, the actions prescribed in 4:34 are to be taken in sequence: the husband is to admonish the wife, after which (if his previous correction was unsuccessful) he may remain separate from her, after which (if his previous correction was still unsuccessful) he may beat her.^[2]^[3]^[4]

Some^{[citation needed]} Islamic scholars argue that the wife can not be punished for any other reason other than mentioned in the Qur'an.^[5] This article needs additional references or sources for verification. ...

Type of beating prescribed

Some contemporary Muslims have argued that the word idribûhunna, normally translated as beat, should be translated instead as to leave them in the sense of "telling someone to 'beat it' or 'drop it' in English".^[6] (Alternative meanings of the root daraba (ضرب), from which idribûhunna is derived, include "travel," "cover," "separate," and "go abroad.") Critics, however, maintain that the verb 'darb' can only mean 'to beat' or 'to strike', and as support cite not only the wealth of translations supporting this view, but the comparative use of the verb in other contexts.^[7]

Additionally, some Islamic scholars and commentators have emphasized that beatings, even where permitted, are not to be harsh ^[8] ^[9] ^[10] ^[11]^[12]^[13] or some even contend that they should be "more or less symbolic."^[14]^[15] According to Abdullah Yusuf Ali and Ibn Kathir, the consensus of Islamic scholars is that the above verse describes a light beating.^[16]^[17] This article needs additional references or sources for verification. ... Ibn Kathir (Arabic : بن كثير ) was an Islamic scholar born in Busra, Syria in 1301 CE. He was taught by the Islamic scholar Ibn Taymiyya in Damascus, Syria. ...

Scholars and commentators have emphasized that Muhammad directed men not to hit their wives' faces,^[18] not to beat their wives in such a way as would leave marks on their body,^[18]^[19] and not to beat their wives as to cause pain (ghayr mubarrih).^[14]

Undesirablity of beating

Some jurists argue that even when beating is acceptable under the Qur'an, it is still discountenanced.^[20]^[21]^[22]

Popular beliefs among Muslims regarding domestic violence

Many Muslims believe that men have the right to beat their wives.^[1] According to Mazna Hussain, an attorney for abused women, "Many batterers manipulate Islamic law or use its perceived authority to control their wives."^[1]

However, these beliefs vary by location. One study in Tunisia, which has been praised for its efforts to promote women's rights,^[23] found that 2.5 percent of women and 12 percent of men believed domestic violence was natural and expected, and a majority believed that spousal abuse is immoral.^[23]

In some recent high-profile cases, Muslim women have publicized their mistreatment at the hands of their husbands, in hopes that public condemnation of wife-beating will end toleration of the practice.^[24] Rania al-Baz, a Saudi celebrity, is famous internationally for speaking out against violence against women. ...

Incidence of domestic violence among Muslims

Domestic violence is considered by many to be a problem particularly associated with Muslim communities.^[1]

The incidence in many Muslim-majority countries (where women hide their bruises and little is ever reported to authorities) is uncertain, but believed to be great by Muslim feminists. In some Muslim countries, such as Saudi Arabia,^[25] reports indicate that domestic violence is quite widespread. One recent study, in Syria, found that 25% of the married women surveyed said that they had been beaten by their husbands.^[26] Over half of all Palestinian women reporting being beaten in the previous year.^[27] A WHO study in one Iranian city found that within the previous year 15.0% of wives had been physically abused, 42.4% had been sexually abused and 81.5% had been psychologically abused (to various degrees) by their husbands.^[28] A 1987 study conducted by the Women's Division and another study by the Human Rights Commission of Pakistan in 1996 suggested that domestic violence takes place in approximately 80 percent of the households in the country.^[29]^[30]^[31] In Pakistan, domestic violence occurs in forms of beatings, sexual violence or torture, mutilation, acid attacks and burning the victim alive.^[32]

Availability of remedies for abused wives

Prosecution for domestic violence

According to Ahmad Shafaat, and Islamic scholar, "If the husband beats a wife without respecting the limits set down by the Qur'an 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."^[33] Mathematician, and currently, professor, Department of Decision Sciences and Management Information System, John Molson School of Business at Concordia University, Montreal, Quebec. ...

However, laws against domestic violence, as well as whether these laws are enforced, vary throughout the Muslim world.

Domestic violence is not explicitly prohibited in Pakistani domestic law^[34]^[35] and most acts of domestic violence are encompassed by the Qisas and Diyat Ordinance. Nahida Mahboob Elahi, a human rights lawyer, has said that new laws are needed to better protect women.^[36] The police and judges often tend to treat domestic violence as a non-justiciable, private or family matter or, an issue for civil courts, rather than criminal courts^[37]. In Pakistan, "police often refuse to register cases unless there are obvious signs of injury and judges sometimes seem to sympathise with the husbands."^[38] This article does not cite any references or sources. ...

In Saudi Arabia, only in 2004 did the first successful prosecution for domestic violence occur after international attention was drawn to the case of Rania al-Baz.^[25] Rania al-Baz, a Saudi celebrity, is famous internationally for speaking out against violence against women. ...

In Tunisia, domestic violence is illegal and punishable by five years in prison.^[23]

Divorce

Though some^{[citation needed]} Muslim scholars contend that Islam permits women to be divorced in cases of domestic violence,^[39] divorce may be unavailable to women as a practical or legal matter.^[40] To meet Wikipedias quality standards, this article or section may require cleanup. ...

Suicide

The prevalence of domestic violence has been cited as a cause of high rates of suicide, mostly through self-immolation, among Kurdish women in Iran.^[41] This article does not cite any references or sources. ...

Criticism

Critics claim that "the command to beat disobedient wives" that they believe to exist within the Qur'an "is founded upon a woman’s subservient / secondary status in Islam."^[42] The film Submission, which rose to fame after the murder of Theo van Gogh, critiqued this and similar verses of the Qur'an by displaying them painted on the bodies of abused Muslim women.^[43] Ayaan Hirsi Ali, the film's writer, said, "It is written in the Koran a woman may be slapped if she is disobedient. This is one of the evils I wish to point out in the film" ^[44]. In an answer to a question about whether the film would offend Muslims, Hirsi Ali said that "if you're a Muslim woman and you read the Koran, and you read in there that you should be raped if you say 'no' to your husband, that is offensive. And that is insulting."^[45] As a result, the peacefull muslims murdered Theo van Gogh like a pig, just to terrorize all who dare to oppose the violence of islam, and show us what an evil religion islam actually is. Muslims believe that the Quran is the literal word of God (Allah) as recited to Muhammad through the Angel Gabriel. ... Submission is a 10-minute film in English directed by Theo van Gogh and written by Ayaan Hirsi Ali, a former Liberal party member of the Lower House of the Netherlands Parliament. ... Theo (or Theodore or Theodorus) van Gogh may refer to one of the following members of the Dutch van Gogh family: Theodorus van Gogh (1822-1885), father of Vincent van Gogh Theo van Gogh (art dealer) (1857-1890), brother of Vincent van Gogh Theo van Gogh (film director) (1957-2004... Ayaan Hirsi Ali ( ; Somali: ; born Ayaan Hirsi Magan 13 November 1969[2] in Mogadishu, Somalia) is a feminist and political writer, daughter of the Somali scholar, politician, and revolutionary opposition leader Hirsi Magan Isse. ...

See also

An honor killing is a murder, nearly exclusively of a woman, who has been perceived as having brought dishonor to her family. ... A symbol of Islamic feminism, incorporating the Crescent Moon and Star of Islam into the female symbol Islamic feminism is a form of feminism concerned with the role of women in Islam. ... Rania al-Baz, a Saudi celebrity, is famous internationally for speaking out against violence against women. ... Violence against women (VAW) is a term of art used to collectively refer to violent acts that are primarily or exclusively committed against women. ... The complex relationship between women and Islam is defined by both Islamic texts and the history and culture of the Muslim world. ... The term womenâ€™s rights typically refers to freedoms inherently possessed by women and girls of all ages, which may be institutionalized or ignored and/or illegitimately suppressed by law or custom in a particular society. ... This article does not cite any references or sources. ...

References

^ ^a ^b ^c ^d http://www.washingtonpost.com/wp-dyn/content/article/2007/05/07/AR2007050701936.html?hpid=topnews
^ Abdullah Yusuf Ali in his Quranic commentary states that: "In case of family jars four steps are mentioned, to be taken in that order. (1) Perhaps verbal advice or admonition may be sufficient; (2) if not, sex relations may be suspended; (3) if this is not sufficient, some slight physical correction may be administered; but Imam Shafi'i considers this inadvisable, though permissible, and all authorities are unanimous in deprecating any sort of cruelty, even of the nagging kind, as mentioned in the next clause; (4) if all this fails, a family council is recommended in 4:35 below." Abdullah Yusuf Ali, The Holy Qur'an: Text, Translation and Commentary (commentary on 4:34), Amana Corporation, Brentwood, MD, 1989. ISBN 0-915957-03-5.
^ Sheikh Yusuf al-Qaradawi, head of the European Council for Fatwa and Research, says that "If the husband senses that feelings of disobedience and rebelliousness are rising against him in his wife, he should try his best to rectify her attitude by kind words, gentle persuasion, and reasoning with her. If this is not helpful, he should sleep apart from her, trying to awaken her agreeable feminine nature so that serenity may be restored, and she may respond to him in a harmonious fashion. If this approach fails, it is permissible for him to beat her lightly with his hands, avoiding her face and other sensitive parts. [1].[2]
^ Ibn Kathir writes that in case of rebellious behaviour, the husband is asked to urge his wife to mend her ways, then to refuse to share their beds, and as the last resort, husbands are allowed to admonish their wives by beating. Ibn Kathir, “Tafsir of Ibn Kathir”, Al-Firdous Ltd., London, 2000, 50-53
^ Saleem Shahzad, Can a Husband force his Wife to wear the Hijab?, Renaissance - Monthly Islamic Journal, 11(11), November 2001.
^ What does Islam say about wives beating?
^ Beat your wives or “separate from them”?, by Arab Christian (pseudonym), FaithFreedom.org, retrieved April 16, 2006
^ Women in Islam, by Sheikh Muhammad Kamal Mustafa; states that beating of women is obligatory and: "'It is forbidden to beat her on the sensitive parts of her body, such as the face, breast, abdomen, and head. Instead, she should be beaten on the arms and legs,' using a 'rod that must not be stiff, but slim and lightweight so that no wounds, scars, or bruises are caused.'"
^ At-Tafsir al-Kabir" on 4:34, Razi; allowed the beating of the wife on the face
^ Classic Manual of Islamic Sacred Law, Al-Nawawi, section m10.12, "Dealing with a Rebellious Wife", page 540; may hit her as long as it doesn't draw blood, leave a bruise, or break bones
^ Sheikh Yusuf al-Qaradawi, head of the European Council for Fatwa and Research, says that "It is permissible for him to beat her lightly with his hands, avoiding her face and other sensitive parts. In no case should he resort to using a stick or any other instrument that might cause pain and injury."[3][4]
^ Ibn Kathir Ad-Damishqee records in his Tafsir Al-Qur'an Al-Azim that "Ibn `Abbas and several others said that the Ayah refers to a beating that is not violent. Al-Hasan Al-Basri said that it means, a beating that is not severe."
^ Ahmad Shafaat, Tafseer of Surah an-Nisa, Ayah 34, Islamic Perspectives. August 10, 2005
^ ^a ^b Muhammad Asad, The Message of the Qur'an (his translation of the Qur'an).
^ One such authority is the earliest hafiz, Ibn Abbas.[5]
^ "The Holy Qur'an: Text, Translation and Commentary", Abdullah Yusuf Ali, Amana Corporation, Brentwood, MD, 1989. ISBN 0-915957-03-5, passage was quoted from commentary on 4:34
^ Kathir, Ibn, “Tafsir of Ibn Kathir”, Al-Firdous Ltd., London, 2000, 50-53
^ ^a ^b "Towards Understanding the Qur'an" Translation by Zafar I. Ansari from "Tafheem Al-Qur'an" by Syed Abul-A'ala Mawdudi, Islamic Foundation, Leicester, England. Passage was quoted from commentary on 4:34.
^ Muhammad is attributed to say in the Farewell Sermon: "And if they commit open sexual misconduct you have the right to leave them alone in their beds and [if even then, they do not listen] beat them such that this should not leave any mark on them." Sunan Ibn Maja 1841
^ Sayyid Abul Ala Maududi comments that "Whenever the Prophet (peace be on him) permitted a man to administer corporal punishment to his wife, he did so with reluctance, and continued to express his distaste for it. And even in cases where it is necessary, the Prophet (peace be on him) directed men not to hit across the face, nor to beat severely nor to use anything that might leave marks on the body." "Towards Understanding the Qur'an" Translation by Zafar I. Ansari from "Tafheem Al-Qur'an" (specifically, commentary on 4:34) by Syed Abul-A'ala Mawdudi, Islamic Foundation, Leicester, England.
^ The medieval jurist ash-Shafi'i, founder of one of the main schools of fiqh, commented on this verse that "hitting is permitted, but not hitting is preferable."
^ "[S]ome of the greatest Muslim scholars (e.g., Ash-Shafi'i) are of the opinion that it is just barely permissible, and should preferably be avoided: and they justify this opinion by the Prophet's personal feelings with regard to this problem." Muhammad Asad, The Message of the Qur'an (his translation of the Qur'an).
^ ^a ^b ^c http://usinfo.state.gov/dhr/Archive/2005/Jun/15-735866.html
^ http://www.csmonitor.com/2004/0512/p09s01-coop.html
^ ^a ^b http://web.amnesty.org/report2005/sau-summary-eng
^ http://www.nytimes.com/2006/04/11/world/middleeast/11syria.html?hp&ex=1144814400&en=cab81e41bdf4b595&ei=5094&partner=homepage
^ http://www.idrc.ca/en/ev-5311-201-1-DO_TOPIC.html
^ http://www.emro.who.int/Publications/EMHJ/1105_6/Artical2.htm
^ Ministry of Women's Development (1987), "Battered Housewives in Pakistan", Islamabad
^ State of Human Rights in 1996, Human Rights Commission of Pakistan. p. 130;
^ See also http://news.bbc.co.uk/2/hi/south_asia/1507330.stm
^ Women's Rights - Our Struggle to fight for the rights of women. Ansar Burney Trust. Retrieved on 2006-12-29.
^ http://www.islamicperspectives.com/Quran-4-34.htm
^ Alice Bettencourt (2000). Violence against women in Pakistan.
^ Rehman, I.A. The Legal rights of women in Pakistan, theory & practice. page 9, 1998.
^ "There needs to be special legislation on domestic violence and in that context they must mention that this is violence and a crime." http://news.bbc.co.uk/2/hi/south_asia/1507330.stm
^ Yasmine Hassan, The Haven Becomes Hell, (Lahore: Shirkat Gah, 1995), pp. 57, 60.
^ http://news.bbc.co.uk/2/hi/south_asia/1507330.stm
^ According to Ahmad Shafaat says, "The wife has no religious obligation to take the beating. She can ask for and get divorce any time."[6]
^ Marriage and Divorce in Islamic South East Asia, by Gavin W. Jones
^ http://www.rferl.org/featuresarticle/2006/2/C43C681F-0AD1-49B6-AADB-3784CA430536.html
^ Wife Beating in Islam, by Silas (pseudonym), Answering Islam, August 25, 2001, retrieved April 16, 2006
^ Script for the movie, Submission
^ Hirsi Ali on Film over Position of Women in Koran
^ http://www.cbsnews.com/stories/2005/03/11/60minutes/main679609.shtml

This article needs additional references or sources for verification. ... This article needs additional references or sources for verification. ... This article or section seems to contain too many quotations for an encyclopedia entry. ... A Dublin-based private foundation, founded in London at 29-30 March 1997 on the initiative of the Federation of Islamic Organisations in Europe, the European Council for Fatwa and Research (ECFR) is a largely self-selected body, composed by islamic clerics and scholars, presided by Yusuf al-Qaradawi, and... Ibn Kathir (Arabic : بن كثير ) was an Islamic scholar born in Busra, Syria in 1301 CE. He was taught by the Islamic scholar Ibn Taymiyya in Damascus, Syria. ... Ibn Kathir (Arabic : بن كثير ) was an Islamic scholar born in Busra, Syria in 1301 CE. He was taught by the Islamic scholar Ibn Taymiyya in Damascus, Syria. ... Al-Mawrid is an Islamic research institute in Lahore, Pakistan founded in 1983 and then re-established in 1991. ... This article or section seems to contain too many quotations for an encyclopedia entry. ... A Dublin-based private foundation, founded in London at 29-30 March 1997 on the initiative of the Federation of Islamic Organisations in Europe, the European Council for Fatwa and Research (ECFR) is a largely self-selected body, composed by islamic clerics and scholars, presided by Yusuf al-Qaradawi, and... Mathematician, and currently, professor, Department of Decision Sciences and Management Information System, John Molson School of Business at Concordia University, Montreal, Quebec. ... This article or section does not adequately cite its references or sources. ... Hafiz or Hafez (Arabic: ØØ§ÙØ¸), literally meaning guardian, is a term used by Muslims for people who have completely memorized the Quran. ... Abdullah ibn Abbas was a cousin of the prophet Muhammad. ... The Farewell Sermon, also known as the Prophets final sermon, is a famous sermon by Muhammad, the prophet of Islam, delivered before his death, on the ninth day of Dhu al-Hijjah, 10 A.H. (632 CE), at the end of his first & final pilgrimage. ... Sunan Ibn Maja is the last compiled of Sunni Islams six canonical hadith collections, compiled by Ibn Maja. ... It has been suggested that Introduction of Islam (book) be merged into this article or section. ... The Å ÄfiË¤Ä« madhab (Arabic: Ø´Ø§ÙØ¹ÙŠ) is one of the four schools of fiqh, or religious law, within Sunni Islam. ... This article or section does not cite any references or sources. ... This article or section does not adequately cite its references or sources. ... For the Manfred Mann album, see 2006 (album). ... is the 363rd day of the year (364th in leap years) in the Gregorian calendar. ... Mathematician, and currently, professor, Department of Decision Sciences and Management Information System, John Molson School of Business at Concordia University, Montreal, Quebec. ...

Contents

Qur'anic exegesis related to domestic violence

Proper and improper occasions for beating

Type of beating prescribed

Undesirablity of beating

Popular beliefs among Muslims regarding domestic violence

Incidence of domestic violence among Muslims

Availability of remedies for abused wives

Prosecution for domestic violence

Divorce

Suicide

Criticism

See also

References

External links

Contents

Qur'anic exegesis related to domestic violence GA_googleFillSlot("encyclopedia_square");

Proper and improper occasions for beating

Type of beating prescribed

Undesirablity of beating

Popular beliefs among Muslims regarding domestic violence

Incidence of domestic violence among Muslims

Availability of remedies for abused wives

Prosecution for domestic violence

Divorce

Suicide

Criticism

See also

References

External links

Qur'anic exegesis related to domestic violence