Islam and domestic violence: Difference between revisions

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== Incidence of domestic violence among Muslims ==
== Incidence of domestic violence among Muslims ==
There are reliable reports of [[Muhammad]] assaulting his wife [[Aisha]] at home where she reported of him that "he struck me on the chest which caused me pain".<ref>http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/muslim/004.smt.html#004.2127 Sahih Muslim, Book 4, Number 2127</ref><ref name = "spencer">http://hotair.com/archives/2007/08/26/blogging-the-qur%e2%80%99an-sura-4-%e2%80%9cwomen%e2%80%9d-verses-17-34/ Quran commentary of Robert Spencer - Sura 4</ref> In relation to domestic violence Aisha also elsewhere at another time expressed the view "I have not seen any woman suffering as much as the believing women".<ref>http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/bukhari/072.sbt.html#007.072.715 Sahih Bukhari, Volume 7, Book 72, Number 715</ref><ref name="spencer"/>


Domestic violence is considered by many to be a problem in Muslim-majority cultures.<ref name="washpost"/>
Domestic violence is considered by many to be a problem in Muslim-majority cultures.<ref name="washpost"/>

Revision as of 03:01, 8 January 2008

Template:Muslims and controversies Islam and domestic violence have a connection in religious doctrine and in practice. The extent to which religion plays a role in domestic violence is debatable because the question arises whether the human condition is prone to domestic violence, or whether religion to some extent causes domestic violence. The extent to which domestic violence is sanctioned or opposed by Islam is a matter of debate. The most often cited verse for justifying domestic violence in Islam is An-Nisa, 34:

Men are the maintainers of women because Allah has made some of them to excel others and because they spend out of their property; the good women are therefore obedient, guarding the unseen as Allah has guarded; and (as to) those on whose part you fear desertion, admonish them, and leave them alone in the sleeping-places and beat them; then if they obey you, do not seek a way against them; surely Allah is High, Great.(Qur'an [Quran 4:34])

There is still, among Islamic scholars, a debate about whether there are occasions on which a man beating a woman is appropriate. These ideas are justified with reference to the Qur'an, which discusses forms of beating in certain circumstances. 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

Main article: 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. Ibn Abbas, cousin of Muhammad and early Qur'anic exegete, states that nushuz refers to disobedience in sexual matters; while another early commentator, at-Tabari, explains that nushuz means to refuse intercourse due to a feeling of superiority and elevation over the husband.[2]

In some exegeses such as those of Ibn Kathir and Tabari, 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 hit her.[2][3][4][5] Contemporary Egyptian scholar Abd al-Halim Abu Shaqqa refers to the opinions of jurists Ibn Hajar al-Asqalani and al-Shawkani who state that hitting should only occur in extraordinary cases.[6]

Type of beating prescribed

Some Islamic scholars and commentators have emphasized that beatings, even where permitted, are not to be harsh.[7][8] [9][10][11][12] or some even contend that they should be "more or less symbolic."[13][14] According to Abdullah Yusuf Ali and Ibn Kathir, the consensus of Islamic scholars is that the above verse describes a light beating.[15][16] Abu Shaqqa refers to the edict of Hanafi scholar al-Jassas (d. 981) who notes that the reprimand should be "A non-violent blow with siwak [a small stick used to clean the teeth] or similar. This means that to hit with any other means is legally [Islamically] forbidden."[17]

Scholars and commentators have stated 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).[13] Scholars too have stipulated against beating or disfigurement, with others such as the Syrian jurist Ibn Abidin prescribing ta'zir punishments against abusive husbands.[20]

Undesirablity of beating

Some jurists argue that even when beating is acceptable under the Qur'an, it is still discountenanced.[21][22][23] Ibn Kathir in concluding his exegesis exhorts men to not beat their wives, quoting a hadith from Muhammad: "Do not hit God's servants" (here referring to women). The narration continues, stating that some while after the edict, "Umar complained to the Messenger of God that many women turned against their husbands. Muhammad gave his permission that the men could hit their wives in cases of rebelliousness. The women then turned to the wives of the Prophet and complained about their husbands. The Prophet said: 'Many women have turned to my family complaining about their husbands. Verily, these men are not among the best of you."[24]

Popular beliefs among Muslims regarding domestic violence

According to the Washington Post, many Muslims believe that men have the right to beat their wives.[1] Mazna Hussain, an attorney for abused women, has said that "[m]any 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,[25] 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.[25]

In some recent high-profile cases such as that of Rania al-Baz, 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.[26]

Incidence of domestic violence among Muslims

Domestic violence is considered by many to be a problem in Muslim-majority cultures.[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,[27] 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.[28] Over half of all Palestinian women reporting being beaten in the previous year.[29] A WHO study in Babol 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, blaming low income, young age, unemployment and low education.[30] 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.[31][32][33] In Pakistan, domestic violence occurs in forms of beatings, sexual violence or torture, mutilation, acid attacks and burning the victim alive.[34]

According to the Pakistan Institute of Medical Sciences in 2002, over 90% of married women surveyed in that country reported being kicked, slapped, beaten or sexually abused when husbands were dissatisfied by their cooking or cleaning, or when the women had ‘failed’ to bear a child or had given birth to a girl instead of a boy.[35]

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."[36]

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[37][38] 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.[39] 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[40]. In Pakistan, "police often refuse to register cases unless there are obvious signs of injury and judges sometimes seem to sympathise with the husbands."[41]

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.[27]

In Tunisia, domestic violence is illegal and punishable by five years in prison.[25]

Divorce

See also: Talaq (Nikah)

Though some[citation needed] Muslim scholars contend that Islam permits women to be divorced in cases of domestic violence,[42] divorce may be unavailable to women as a practical or legal matter.[43]

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.[44] Although many of these types of problems are also attributed a lack of education education among both men and women that comes from poverty.[original research?]

Criticism

Main article: 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."[45] 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.[46] 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" [47]. 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."[48]

See also

Notes

  1. ^ a b c d http://www.washingtonpost.com/wp-dyn/content/article/2007/05/07/AR2007050701936.html?hpid=topnews
  2. ^ a b Roald (2001) p. 166
  3. ^ 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.
  4. ^ 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]
  5. ^ 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 light tapping. Ibn Kathir, “Tafsir of Ibn Kathir”, Al-Firdous Ltd., London, 2000, 50-53
  6. ^ Roald (2001) p. 169
  7. ^ 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.'"
  8. ^ At-Tafsir al-Kabir" on 4:34, Razi; allowed the beating of the wife on the face
  9. ^ 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
  10. ^ 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]
  11. ^ 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."
  12. ^ Ahmad Shafaat, Tafseer of Surah an-Nisa, Ayah 34, Islamic Perspectives. August 10, 2005
  13. ^ a b Muhammad Asad, The Message of the Qur'an (his translation of the Qur'an).
  14. ^ One such authority is the earliest hafiz, Ibn Abbas.[5]
  15. ^ "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
  16. ^ Kathir, Ibn, “Tafsir of Ibn Kathir”, Al-Firdous Ltd., London, 2000, 50-53
  17. ^ Roald (2001) p. 169
  18. ^ 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.
  19. ^ 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
  20. ^ Encyclopedia of Women and Islamic cultures, p. 122
  21. ^ 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.
  22. ^ 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."
  23. ^ "[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).
  24. ^ Ibn Kathir 1981 vol I: 386, Sunan Abi Dawud, Book of Marriage #1834, ad-Darimi, Book of Marriage #2122; quoted in Roald (2001) p. 167
  25. ^ a b c http://usinfo.state.gov/dhr/Archive/2005/Jun/15-735866.html
  26. ^ http://www.csmonitor.com/2004/0512/p09s01-coop.html
  27. ^ a b http://web.amnesty.org/report2005/sau-summary-eng
  28. ^ [6]
  29. ^ http://www.idrc.ca/en/ev-5311-201-1-DO_TOPIC.html
  30. ^ http://www.emro.who.int/Publications/EMHJ/1105_6/Artical2.htm
  31. ^ Ministry of Women's Development (1987), "Battered Housewives in Pakistan", Islamabad
  32. ^ State of Human Rights in 1996, Human Rights Commission of Pakistan. p. 130;
  33. ^ See also http://news.bbc.co.uk/2/hi/south_asia/1507330.stm
  34. ^ "Women's Rights - Our Struggle to fight for the rights of women". Ansar Burney Trust. Retrieved 2006-12-29.
  35. ^ http://www.amnesty.org/en/alfresco_asset/1e47f8c5-a459-11dc-bac9-0158df32ab50/asa330102002en.html Pakistan: Violence against women: Media briefing (Amnesty International Press Release)
  36. ^ http://www.islamicperspectives.com/Quran-4-34.htm
  37. ^ Alice Bettencourt (2000). "Violence against women in Pakistan" (PDF).
  38. ^ Rehman, I.A. The Legal rights of women in Pakistan, theory & practice. page 9, 1998.
  39. ^ "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
  40. ^ Yasmine Hassan, The Haven Becomes Hell, (Lahore: Shirkat Gah, 1995), pp. 57, 60.
  41. ^ http://news.bbc.co.uk/2/hi/south_asia/1507330.stm
  42. ^ According to Ahmad Shafaat says, "The wife has no religious obligation to take the beating. She can ask for and get divorce any time."[7]
  43. ^ Marriage and Divorce in Islamic South East Asia, by Gavin W. Jones
  44. ^ http://www.rferl.org/featuresarticle/2006/2/C43C681F-0AD1-49B6-AADB-3784CA430536.html
  45. ^ Wife Beating in Islam, by Silas (pseudonym), Answering Islam, August 25, 2001, retrieved April 16, 2006
  46. ^ Script for the movie, Submission
  47. ^ Hirsi Ali on Film over Position of Women in Koran
  48. ^ http://www.cbsnews.com/stories/2005/03/11/60minutes/main679609.shtml

References

  • Roald, Anne S. (2001). Women in Islam: The Western Experience. Routledge. ISBN 0415248965.
  • Suad Joseph, Afsaneh Najmabadi (ed.). Encyclopedia of Women & Islamic Cultures. Brill Academic Publishers. ISBN 9004128190. {{cite encyclopedia}}: Missing or empty |title= (help)

External links

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