“He’s Permitted to Hit Her”: Does The Qur’an Allow Violence Against Women?

By Brooke Scullion, New Age Islam 12 September 2024 An Investigative Journalism Piece On Domestic Violence in Islamic Contexts ----- Marriage Becomes A Contract Of Exchange In Which The Husband, In Return For Paying A Dowry And Obliging To Maintain His Wife Financially, Known As Nafaqa, Is Granted Control Over Her, And She Is Expected To Obey Him, Which Is Referred To As Ta’a Or Tamkin ------ In 2017, a video shared online by the Women of Hizb ut-Tahrir Australia Facebook group sparked controversy after it seemingly condoned domestic violence by Muslim men against their wives (Burke, 2017). The post features two Muslim women discussing the highly contentious Verse 4:34 of the Qur’an, which describes the relationship between a husband and wife and their respective roles in an Islamic marriage (Dukes, 2009). The verse also concerns a wife’s rebellion (Nushuz) towards her husband and the measures he can take to address this. The nature of marriage in classical Islamic tradition is based on the concepts qiwama, wilaya and faddala. Qiwamais generally denoted as a husband’s authority over his wife and his duty to maintain her financially (Mir-Hosseini, 2022), while wilayarefers to a male’s right and duty to exercise guardianship over female family members and grants fathers the right to child custody over mothers (Duderija et al., 2020). Finally, faddalais the concept that asserts men’s natural or divine superiority over women as ordained by Allah (Duderija et al., 2020). Therefore, marriage becomes a contract of exchangein which the husband, in return for paying a dowry and obliging to maintain his wife financially, known as Nafaqa, is granted control over her, and she is expected to obey him, which is referred to as Ta’a or Tamkin (Mir-Hosseini, 2022). The women in the video adhere strongly to these traditional conceptualisations of gender roles in Islamic jurisprudence. They justify the use of beating or hitting by a husband against his wife as a “last resort” to curb her disobedience and preserve the integrity of the marriage (Burke, 2017). Though, they clarified that this was only to be done with a “small stick” (a siwaak,) or a “coiled scarf” so to not cause any pain (Burke, 2017). Sheikh Assim al-Hakeem, a Saudi cleric, expressed similar views in a YouTube video, explaining that any form of physical reprimand was to be “symbolic” and to “not leave any marks” (al-Hakeem, 2020). Additionally, the women argued that a husband is “not obliged nor encouraged” by the Qur’an, but is permitted to hit his wife (Burke, 2017). Regardless, of these clarifications, the video quickly backlash, most notably from the Minister for Women at the time, Michaelia Cash, and Channel 9 news presenter, Ben Fordham, who both condemned any justification of domestic violence as “abhorrent” and “never excusable” (Burke, 2017). It is important to note that the interpretations offered by the women in the video and al-Hakeem reflect a classical interpretative approach to Islam that is deeply rooted in patriarchal tradition. Such approaches tend to take each verse literally and disregard their context. Many scholars have warned against this, stressing that the Qur’an and its associated texts cannot be comprehended without contextualisation from expert sources (Alkiek et al., 2017). Thematic-holistic interpretations highlight that Verse 4:34 should be understood in relation to the overall teachings of Islam and the example set by the Prophet Muhammad in his everyday life. Laleh Bakhtiar combines this approach with one that problematises how the word ‘Daraba’ is predominantly translated to mean ‘strike’, ‘hit’ or ‘beat’ in English. Instead, she rejects these translations and offers one that promotes non-violence – “go away from them”.(Bakhtiar, 2011, p. 432). Bakhtiar gives several reasons to justify this translation, including the linguistics of the Arabic word and its diverse meanings and uses within other verses (2011). Most importantly though, she argues that if the Prophet is considered to be “the living Qur’an” then he would follow the command that is revealed to him by Allah in Verse 4:34 (Bakhtiar, 2011, p. 433). Except, it has been reported countless times through various hadith that the Prophet ““never struck a woman, servant or an animal . His wife, Aisha, said: “The Messenger of Allah, peace and blessings be upon him, did not strike a servant or a woman, and he never struck anything with his hand,” Ṣaḥīḥ Muslim 2328, Grade: Sahih; Elias, 2014). This claim is recognised as authentic, and as the vice-president of the Islamic Council of Victoria, Adel Salman, states, it receives “zero conjecture”). Abdullah bin Zam’ah similarly recounted that the Prophet said, “How does one of you beat his wife as he beats the stallion camel and then embrace her?” (from Ṣaḥīḥ al-Bukhārī 5695,, Grade: Sahih; Elias, 2014), which highlights the incongruity of such an act. Using these examples, Bakhtiar concludes that ‘daraba’ in Verse 4:34 means “to go away from them” – in that a husband should take time away from his wife to let his anger subside Bakhtiar, 2011, p. 433). Not only does Bakhtiar’s translation reject any interpretation that suggests domestic violence is permitted by the Qur’an, but it also promotes the virtues of patience and compassion that are emphasised throughout the text. Like in the following hadith, which reports the Prophet as saying, "A strong person is not the person who throws his adversaries to the ground. A strong person is the person who contains himself when he is angry." (." (Al-Bukhari; Book 47, No. 47.3.12).) Given that the Prophet is a “model that every believer should emulate”. Muslims, regardless of whether they are a man or a woman, should never beat anyone, or anything. Ahmed Aliprovides another alternative translation of ‘Daraba’ by referencing the work of eleventh-century scholar, al-Raghib al-Isfahani (Ali, 2003). Ali notes that al- Raghib interprets the word to metaphorically mean “have intercourse with them” based on the expression ‘Darab Al-Fahl An-Naqah’ or “the stud camel covered the she- camel,” (Ali, 2003). He also references the hadith Bukhārī as well as another that states ""Never beat God's handmaidens” to contextualise and justify this translation (Ali, 2003). While these various interpretations provide a strong argument that the Qur’an does not permit domestic violence (or that of any kind) there are still Muslim men that misuse it to justify and maintain forms of control over their wives. Domestic violence is an issue that is rooted in patriarchal tradition (which not only affects the Islamic faith, but other religions like some Christian sects) that posits men as having a divine or natural order above women. As the chief executive of the Australian Muslim Women’s Centre for Human Rights, Joumanah El Matrah, points out in an interview with the ABC, the Qur’an “doesn't propel men towards violence, but for some of these men, it gives them a worldview that they are superior to women," (Gleeson, 2017). Gender egalitarian or reformist approaches target such issues rooted in patriarchal tradition by reinterpreting Verse 4:34 in a way that aligns with contemporary values of equality and human rights. Like thematic-holistic interpretative methods, they give meaning to the verse with relation to other Islamic texts, but also place emphasis on the historical socio-cultural context in which these were revealed. Since the Qur’an and its hadith emerged in Arabia in the seventh century, initial understandings of the texts reflect the cultural norms of that era. In premodern Islamic interpretative traditions, a gendered hierarchy was established based on specific characterisations of masculinity and femininity. Men were prescribed as having biological, ontological, intellectual, spiritual and political superiorityover women. This rhetoric shaped how the world was organised and experienced by the people of this time, giving way for patriarchal interpretations. It should be noted that these historic conceptualisations of gender are not limited to Islamic societies but can be found throughout most cultures across the world. Today, however, such norms are outdated, making any interpretation that upholds them also irrelevant to our time. From a gender egalitarian viewpoint, one way that Verse 4:34 can be understood is not as a prescription of men’s natural superiority over women (based on the above characterisations), but rather, in reference to historical patriarchal traditions that have afforded men more rights than women. Men are the protectors and financial maintainers of women because they have a sociocultural advantage over them as enabled by the patriarchy (which was established by men). In her book, Qur’an and Woman: Rereading the Sacred Text from a Woman’s Perspective, feminist scholar Amina Wadud illustrates this by debunking the characterisations that differentiate men from women through her interpretation of the Qur’an (1999). Historically, women’s position in society has been limited based on their biological function as child bearers. Today, however, there are many factors that influence whether a woman will become a mother such as her career and financial situation, relationships, and importantly, her own preference on the matter. Wadud argues that Verse 4:34 reflects a “balanced and shared society” where men have an obligation to provide their wives with everything they need to comfortably fulfil this role, if they wish to become a mother (1999, p. 73). Wadud also provides an alternative interpretation of the concept of Nushuz. As previously noted, nushuz is most often understood as disobedience in reference to a wife against her husband, however, Wadud argues that it actually refers to “state of disorder between the married couple”. She claims that Ta’a (obedience) is not a command given to wives, but to husbands. At the time of revelation, a wife’s obedience to her husband was considered the norm, therefore, he is commanded to ‘not seek a way against’ her, or to treat her well, if she obeys. Today, ta’a can be applied to both a man and woman. The steps outlined in the verse are therefore measures that can be taken by both a husband or wife regain marital harmony. She acknowledges that daraba is often translated to mean ‘strike’ as found in most translations of Verse 4:34, though, like Bakhtiar, she suggests that in this instance, it means‘to leave. Wadud contends Verse 4:34 symbolises an Islamic marriage that is built on “love and mercy” and maintained through mutual consultation. It is evident that through a gender egalitarian interpretation to Verse 4:34 and the Qur’an overall that it can be understood that domestic violence is not permitted. Although Islam is often portrayed as a religion that oppresses women, there is is no evidence that suggests that Muslim women experience higher rates of domestic violence compared to non-Muslim women. However, it remains a significant issue within Australia, regardless of religious denomination of perpetrators and victims. A quarter of women in this countryhave experienced domestic abuse. Many Muslim women face unique barriers when seeking support that are intertwined with their faith. Often Muslim victims of domestic violence are told by imams that ““God will reward them for being patient” with their husbands, encouraging them to stay in abusive relationships (Gleeson, 2017). That being said, a study that interviewed Muslim women who had experienced domestic violence found that the majority of participants stated that their faith had been “a source of empowerment and resilience”, suggesting that Islam is a useful tool for navigating times of difficulty. Ultimately though, significant change is required to address not only these barriers but the root of domestic violence: outdated, patriarchal thought that continues to subordinate women. Muslim religious leaders should promote gender egalitarian interpretations of the Qur’an and hadith to promote its messages of compassion and justice. Not only will this aid in dismantling the association between Islam and issues of gender inequality, but it will also provide believers with a stronger sense of faith with the knowledge that their texts are still relevant to contemporary times. URL: https://www.newageislam.com/islam-women-feminism/permitted-hit-quran-violence-/d/133182 New Age Islam, Islam Online, Islamic Website, African Muslim News, Arab World News, South Asia News, Indian Muslim News, World Muslim News, Women in Islam, Islamic Feminism, Arab Women, Women In Arab, Islamophobia in America, Muslim Women in West, Islam Women and Feminism