Tuesday, March 30, 2010

CORPORAL PUNISHMENT

The Prophet (s) did not forbid a man from giving instructions to his wife, as long as these were in accordance with Islam, or from giving his wife some form of physical discipline - even though he himself never struck any of his wives. However, this did not mean that a husband was allowed to beat his wife for things like burning the dinner, or forgetting something she should have done, or simply because he was in a foul mood!
There is one Quranic verse that grants husbands permission, but it states that this is only in cases where they genuinely fear nushuz (`rebellion', which in this context means treating the husband with arrogance and refusing the marital bed as a permanent principle, not just the odd occasion when the woman might have been ill).
`Men are the protectors and maintainers of women, through that in which Allah has given one more than the other, and because they support them from their means. Therefore the righteous women are devoutly obedient, and guard in absence what Allah would have them guard. As to those women on whose part you fear rebellion, (first) admonish them, (next) refuse to share their beds, (and last) beat them; but if they return to obedience then do not seek against them any (further) means.' (Quran, 4:34)
The Prophet referred to this verse in his Final Sermon. He said:
`Hear me well! Treat your women kindly, for they resemble prisoners in your hands ... if they are guilty of flagrant misbehaviour, you may remove them from your beds, or beat them, but do not inflict upon them any severe punishment! Then, if they obey you, do not seek against them any (further) means. Hear me well! You have your rights over your wives, and they have their rights over you!'
The idea of punching or beating up a woman was totally repugnant to the Blessed Prophet, and belonged to the attitude towards women shown in the time of Jahiliya, or of societies where the consumption of alcohol was widespread. The hadiths tell us that he laughingly suggested that if a husband was obliged to spank his wife, he should use a miswak, the soff stick which Muslims use to clean the teeth (Tabari, Baghawi) or even a handkerchief (Razi).
A balance has to be struck between being a responsible male caring for a partner's earthly life and eternal fate (in trying to make her do the right thing), and allowing her the freedom to be herself -for in the end, her fate will be of her own making. It is obvious that when this permission was abused by violent men, the Prophet was very quick to listen to the complaints of the wives and rebuke the husbands.
Ibn Sa'd, for instance, comments that `the Prophet (s) had always persisted in his opposition to the beating of women. And men came to him to complain about their women; then he gave them permission, but said: "I cannot bear to see a quick-tempered man beat his wife in a fit of anger."' (Ibn Sa'd.)
The Prophet (s) also said: `How can any one of you beat his wife as he might beat a camel, and then expect to embrace her at night?' (Bukhari and Muslim.)
According to other hadiths, he appears to have forbidden the beating of women completely: `Do not beat Allah's handmaidens! ` (Abu Daud, Nasa'i, Ibn Maja, al-Hakim.)
Put together, all these sources suggest that beating, if it has to be done at all, should be a last resort to punish a wife for some major sin, such as adultery. It is the final manifestation of the husband's authority, not the first; a deterrent aimed at holding the marriage together.

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