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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 :
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Among Islamic Scholar s, 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.

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.


QUR'ANIC EXEGESIS RELATED TO DOMESTIC VIOLENCE

See Also: An-Nisa, 34



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.


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 .

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. 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

Some Islamic scholars argue that the wife can not be punished for any other reason other than mentioned in the , 11(11), November 2001.


Type of beating prescribed

Some Islamic scholars and commentators have emphasized that beatings, even where permitted, are not to be harsh. 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 and Ibn Kathir , the consensus of Islamic scholars is that the above verse describes a light beating."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

Scholars and commentators have stated that Muhammad directed men not to hit their wives' faces,"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. not to beat their wives in such a way as would leave marks on their body,Muhammad is attributed to say in 1841 and not to beat their wives as to cause pain (ghayr mubarrih). Muhammad Asad , ''The Message of the Qur'an'' (his translation of the Qur'an).


Undesirablity of beating

Some jurists argue that even when beating is acceptable under the Qur'an, it is still discountenanced., ''The Message of the Qur'an'' (his translation of the Qur'an).


POPULAR BELIEFS AMONG MUSLIMS REGARDING DOMESTIC VIOLENCE


Many Muslims believe that men have the right to beat their wives.http://www.washingtonpost.com/wp-dyn/content/article/2007/05/07/AR2007050701936.html?hpid=topnews According to Mazna Hussain, an attorney for abused women, "Many batterers manipulate Islamic law or use its perceived authority to control their wives."

However, these beliefs vary by location. One study in Tunisia, which has been praised for its efforts to promote women's rights,http://usinfo.state.gov/dhr/Archive/2005/Jun/15-735866.html 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.

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.http://www.csmonitor.com/2004/0512/p09s01-coop.html


INCIDENCE OF DOMESTIC VIOLENCE AMONG MUSLIMS

Domestic violence is considered by many to be a problem in immigrants from "Muslim-majority cultures".


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."http://www.islamicperspectives.com/Quran-4-34.htm

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

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 .

In Tunisia, domestic violence is illegal and punishable by five years in prison.


Divorce

See Also: Talaq (Nikah)



Though some Muslim scholars contend that Islam permits women to be divorced in cases of domestic violence,According to Ahmad Shafaat says, "The wife has no religious obligation to take the beating. She can ask for and get divorce any time." {Link without Title} divorce may be unavailable to women as a practical or legal matter.Marriage and Divorce in Islamic South East Asia, by Gavin W. Jones


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.http://www.rferl.org/featuresarticle/2006/2/C43C681F-0AD1-49B6-AADB-3784CA430536.html


CRITICISM

See Also: Criticism of the Qur'an


Critics claim that "the command to beat disobedient wives" that they believe to exist within the Qur'an (sura 4:34) "is founded upon a woman’s subservient / secondary status in Islam." Wife Beating in Islam , by Silas (pseudonym), ''Answering Islam'', August 25, 2001, retrieved April 16, 2006 The film '', 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" Hirsi Ali on Film over Position of Women in Koran . 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."http://www.cbsnews.com/stories/2005/03/11/60minutes/main679609.shtml


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REFERENCES



EXTERNAL LINKS

  • http://www.washingtonpost.com/wp-dyn/content/article/2007/05/07/AR2007050701936.html?hpid=topnews

  • http://www.journals.uchicago.edu/LSI/journal/issues/v29n1/291003/291003.web.pdf