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Family Law?
#21

salam alaykum everyone.


I compiled something a while back. I'll paste it here:


Now about the beating of wives in Quran? Does the Qur'an allow this?


Here is the verse being examined:


Glorious Qur'an translated by Yusuf Ali [4:34]: Men are the protectors and maintainers of women, because God has given the one more (strength) than the other, and because they support them from their means. Therefore the righteous women are devoutly obedient, and guard in (the husband's) absence what God would have them guard. As to those women on whose part ye fear disloyalty and ill-conduct, admonish them (first), (Next), refuse to share their beds, (And last) beat them (lightly); but if they return to obedience, seek not against them Means (of annoyance): For God is Most High, great (above you all).


Notice that Mr Ali has added lightly which is not there. Now before we begin, when can Muslims use force? Self-defence and war. Therefore this must not mean beating. There is no self-defence in beating your wife.


The Arabic word used in Noble Verse 4:34 above is "idribuhunna", which is derived from "daraba" which means "beat". The thing with all of the Arabic words that are derived from the word "daraba" is that they don't necessarily mean "hit". The word "idribuhunna" for instance, could very well mean to "leave" them. It is exactly like telling someone to "beat it" or "drop it" in English.


Allah Almighty used the word "daraba" in Noble Verse 14:24 "Seest thou not how Allah sets (daraba) forth a parable? -- A goodly Word Like a goodly tree, Whose root is firmly fixed, And its branches (reach) To the heavens". "daraba" here meant "give an example". If I say in Arabic "daraba laka mathal", it means "give you an example".


Allah Almighty also used the word "darabtum", which is derived from the word "daraba" in Noble Verse 4:94, which mean to "go abroad" in the sake of Allah Almighty:


"O ye who believe! When ye go abroad (darabtum) In the cause of Allah, Investigate carefully, And say not to anyone Who offers you a salutation: 'Thou art none of a Believer!' Coveting the perishable good Of this life: with Allah Are profits and spoils abundant. Even thus were ye yourselves Before, till Allah conferred On you His favours: therefore Carefully investigate. For Allah is well aware Of all that ye do. (The Noble Quran, 4:94)"


So "daraba" literally means "beat", or "go abroad", or "give" but not in the sense to give something by hand, but rather to give or provide an example.


Notice how Allah Almighty in Noble Chapter (Surah) 4 He used "daraba (4:34" and "darabtum (4:94)", which are both derived from the same root. He used both words in the same Chapter, which tells me that "daraba" in Noble Verse 4:34 means to desert or leave, since that's what its derived word meant in Noble Verse 4:94. The next section below will further prove my point.


I am sure there are more Noble Verses that used words derived from "daraba" in the Noble Quran, but these are the only ones I know of so far. In the case of Noble Verse 4:34 where Allah Almighty SEEMS to allow men to hit their wives after the two warnings for ill-conduct and disloyalty, it actually could be, most likely, that Allah Almighty meant to command the Muslims to "leave" the home all together and desert their wives for a long time in a hope that the wives would then come back to their senses and repent.


This actually might have been used by the prophet Muhammad, peace and blessings upon him, who if you remember experienced rebellion and so on from his wives. He threatened to divorce them all and sat i can't remember where he sat now...anyway, he left them and threatened divorce, which fits in with the actions of the prophet. Also when divorce happens, Allah says that it should be a trial period seperation before divorce actually happens. This would also fit in, because the leaving of the wives would be a trial period seperation.


This means that the word actually means to seperate, or leave, in this verse.


So, what other proofs are there that hitting and so on are forbidden?


"...Do not retain them (i.e., your wives) to harm them...(The Noble Quran, 2:231)"


"If a wife fears cruelty or desertion on her husband's part, there is no blame on them if they arrange an amicable settlement between themselves; and such settlement is best; even though men's souls are swayed by greed. But if ye do good and practise self-restraint, God is well-acquainted with all that ye do. (The Noble Quran, 4:128)"


"O ye who believe! Ye are forbidden to inherit women against their will. Nor should ye treat them with harshness[/u], that ye may take away part of the dower [money given by the husband to the wife for the marriage contract] ye have given them, except where they have been guilty of open lewdness; on the contrary live with them on a footing of kindness and equity. If ye take a dislike to them it may be that ye dislike a thing, and God brings about through it a great deal of good. (The Noble Quran, 4:19)"


"And among God's signs is this: He created for you mates from amongst yourselves (males as mates for females and vice versa) that you might find tranquillity and peace in them. And he has put love and kindness among you. Herein surely are signs for those who reflect. (The Noble Quran 30:21)"


Also another possible verse:


"Women impure for men impure. And women of purity for men of purity. These are not affected by what people say. For them is forgiveness and an honorable provision. (The Noble Quran 24:26)"


If you also believe in Hadiths:


Narrated Mu'awiyah al-Qushayri: "I went to the Apostle of Allah (peace_be_upon_him) and asked him: What do you say (command) about our wives? He replied: Give them food what you have for yourself, and clothe them by which you clothe yourself, and do not beat them, and do not revile them. (Sunan Abu-Dawud, Book 11, Marriage (Kitab Al-Nikah), Number 2139)"


Narrated Mu'awiyah ibn Haydah: "I said: Apostle of Allah, how should we approach our wives and how should we leave them? He replied: Approach your tilth when or how you will, give her (your wife) food when you take food, clothe when you clothe yourself, do not revile her face, and do not beat her. (Sunan Abu-Dawud, Book 11, Marriage (Kitab Al-Nikah), Number 2138)"


Narrated Abu Huraira: "Allah's Apostle said, 'The strong is not the one who overcomes the people by his strength, but the strong is the one who controls himself while in anger. (Translation of Sahih Bukhari, Good Manners and Form (Al-Adab), Volume 8, Book 73, Number 135)"


Abu Huraira reported: "I heard Allah's Messenger (may peace be upon him) as saying: One is not strong because of one's wrestling skillfully. They said: Allah's Messenger, then who is strong? He said: He who controls his anger when he is in a fit of rage. (Translation of Sahih Muslim, The Book of Virtue, Good Manners and Joining of the Ties of Relationship (Kitab Al-Birr was-Salat-I-wa'l-Adab), Book 032, Number 6314)"


So along with the Qur'an verses which say do not attack except in self-defence and war, treat your wives kindly, forgive, and the Hadiths which say do not beat, we find there is no beating.


I have explained the word adriboo high above. Still not convinced? What sort of rebellion must you encounter with your wife?


the second key word nushuz. Some of the possible meanings for both the words, according to a lexicon, 3 are given below. Again, the appropriate meaning will depend on the context of the verse.


Nushuz: Animosity, hostility, rebellion, ill-treatment, discord; violation of marital duties on the part of either husband or wife.


(Adriboo (root: daraba): to beat, to strike, to hit, to separate, to part.)


In the context of the verse the most appropriate meaning for nushuz is 'marital discord' (ill-will, animosity etc), and for adriboo is 'to separate' or 'to part'. Otherwise, it is inviting the likelihood of a divorce without any reconciliation procedure. Such a step would blatantly contravene the Qur'anic guidance shown in verse 4:35 below. Therefore, a more accurate and consistent translation of the above verse would be:


(4:34) ...as for those women whose animosity or ill-will you have reason to fear, then leave them alone in bed, and then separate; and if thereupon they pay you heed, do not seek a way against them.


The separation could be temporary or permanent depending on the reconciliation procedure. Such as construction is legitimate within the terms of the language and fits in very well with the divorce procedure outlined in the Qur'an (see 8.5).


The verse is confirmed by and given weight by:


(4:35) And if you fear a split between them, then send a judge from his family and a judge from hers. If they want to reconcile, then God will bring them together. God is Knowledgeable, Expert.


Added weight to the meanings outlined above is given by verse 4:128 quoted below. Here, in the case of a man, the same word nushuz is used, but it is rendered as 'ill-treatment' as against 'rebellion' in the case of a woman as shown earlier in the traditional translation of verse 4:34.


(4:128) If a wife fears ill-treatment (nushuz) or desertion on her husband's part, there is no blame on them if they arrange an amicable settlement between themselves; and such settlement is best[...]


This, obviously, is a double standard and the only way to reconcile the meanings of the two verses, in the contexts they are being used, is to accept the meaning of adriboo as: 'to separate' or to 'part'. In this connection I would like to refer the reader to an excellent article by Rachael Tibbet from which I quote:


(a) Qur'anic commentators and translators experience problems with the term Adribu in the Qur'an not just in this verse but in others, as it is used in different contexts in ways which appear ambiguous and open to widely different translations into English. 'Daraba' can be translated in more than a hundred different ways.


(B) The translation of adribu as 'to strike' in this particular verse (4:34) is founded upon nothing more than:


(i) The authority of hadiths (Abu Daud 2141 and Mishkat Al-Masabih 0276) that this is what Adribu means in this context.


note from me: And other Hadiths disagree e.g. do not beat your wife, and Hadiths in general should not be trusted.


(ii) The prejudices and environment of the early commentators of the Qur'an which led them to assume that 'to strike', given the overall context of the verse, was the most likely interpretation of the many possible interpretations of adribu.


Thus, Muslims cannot beat their wives.


Glorious Qur'an [4:34]: The men are to support the women by what God Has endowed them over one another and for what they spend of their money. The upright women who are attentive, and keep private the personal matters for what God keeps watch over. As for those women from whom you fear rebellion, then you shall advise them, then abandon them in the bedchamber, then separate from them; if they obey you, then do not seek a way over them; God is High, Great.


Glorious Qur'an [4:35]: And if you fear a split between them, then send a judge from his family and a judge from hers. If they want to reconcile, then God will bring them together. God is Knowledgeable, Expert.


may Allah bless you all.

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#22

Bismillah


as salam alykom


Regarding the attitude towards a flirting husband. This issue contains a multifacted aspects.


When we need to address this issue, we need to look into:


1. What type of fliring, which degree?


2. Was it proved, in case it involved physical contact? I mean proved by either witnesses or his confession.


3. Was the wife a witness, in such case l`ean rule shall apply?


We need to examine more issues in order to decide how a wife would deal with the issue.


Just exactly when a wife is invovled in similar problems, same points must be examined before applying punishments, since when it comes to flirting, both parties are equal in the punishment.


But as for the beating due to disobedient, this is different.


And Allah Knows best.

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