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An Islamic Perspective On Domestic Violence, Azizah Al-Hibri
An Islamic Perspective On Domestic Violence, Azizah Al-Hibri
September, 2010
Written by:
Elias Abrar (eliasabrar@feminijtihad.org)
Edited by:
Natasha Latiff (natashalatiff@feminijtihad.org)
Helena Zeweri (helenazeweri@feminijtihad.org)
Classification:
1. Audience: Lawyers, activists and students who are seeking a holistic analysis of the Qur'anic
verse 4:34 (i.e. Chastisement Passage) by taking example from al-Hibri’s multifaceted utilization
of both intra-textual and inter-textual interpretive techniques and evidence to uphold a gender-
equitable reading of the Chastisement Passage.
Professor al-Hibri has traveled extensively throughout the Muslim world in support of Muslim
women's rights and acted as a consultant to the Supreme Council for Family Affairs in Qatar in
the development of that country's personal status code. She has visited thirteen Muslim countries
and discussed with their religious, political, and women leaders, as well as their legal scholars,
issues of importance to Muslim women.
5. Jurisdiction: N/A
7. Subject terms: Islamic family law, domestic violence, women's rights in Islam, gender
equality, Shari'ah
The Harmony Principle, a verse that the author considers to be the Qur’an’s definitive statement
on gender relations, encapsulates this teaching by describing mates as one another’s sources
of tranquility. Al-Hibri points to the Harmony Principle as grounds for rejecting scholars who
validate wife beating on the basis of the Qur’an’s so-called Chastisement Passage (4:34), which
ostensibly allows husbands to hit wives feared to commit nushuz, a term widely interpreted to
include simple disobedience against husbands. Favoring instead another exegetical trend among
jurists, which understands the “hitting” mentioned in the Chastisement Passage as a symbolic
exercise intended to convey the husband’s anger without injury to the wife, al-Hibri appeals to
evidence from the Prophet’s sunnah and to the idea of the Qur’an’s gradualist approach to social
change as a means to not only bolster this hermeneutical position, but to also criticize jurists who
use patriarchal assumptions to define nushuz in an excessively broad manner, thus empowering
husbands to invoke the Chastisement Passage at will.
In addition to challenging rulings of the Chastisement Passage as textual proof for the
authorization of wife beating, al-Hibri also reframes the greater import of 4:34 by individually
scrutinizing the verse’s other contentious terms and phrases. For each one, the author provides
the scope of possible definitions sustained by the sentence context before proceeding to deduce
the preferred meaning through probing the usage of the word or phrase in other verses of the
Qur’an as well as in the Prophetic tradition; she returns to and confronts contentious words
like ‘wahjuruhunna fi’l madhaji’i’, ‘qanitat’, ‘nushuz’, and 'fahishah mubayyinah' in passage
4:34. Viewed as an integrated whole, al-Hibri’s interpretative measures allow her to recover
the Chastisement Passage’s reformist function as a means for some men to rise above a hit-first
mindset and reach the Qur’anic ideal of marital relations.
Utility:
Not only can a full appreciation of Islamic law’s dynamism equip activists to dispute existing
laws that have been effectively rendered untouchable thus far, it may also direct them to
approaches of enacting reform that have greater local resonance. As al-Hibri’s piece shows,
not all classical legal opinions propagate patriarchal and cultural biases in the same degree. In
fact, her gender-equitable standpoint on the Chastisement Passage represents a modification of
a mainstream exegetical precedent, as alluded to previously. This suggests that opportunities
exist for the production of juridical views that are progressive as well as agreeable to the
segments of Muslim populations that favor legislation derived from Islamic legal discourses.
Therefore, al-Hibri’s article is testament to the value of supporting and establishing linkages
with forward-thinking voices and institutions immersed in the enterprise of Islamic law.
Apart from speaking to the possibility of Islamic jurisprudence yielding unprejudiced positions
on women’s issues, al-Hibri’s work also sheds light on how activists themselves can apply
Islamic sources in a meaningful and credible way to engage Muslims approaching social
questions from a Qur’anic worldview. The article reveals interpretive techniques that activists
can use to build a legitimate claim for gender-equitable interpretations. For example, to derive
the meaning of certain words, the author cross-references those words with their similar usages
in other Qur'anic passages. This authenticates specific semantic decisions of choosing a gender-
equitable meaning over another. It also demonstrates how one’s construal is consistent with the
Qur’an’s wider teachings on the matter as well. Al-Hibri’s references to hadith are similarly
instructive as they highlight the extra layer of legitimacy conferred on a viewpoint that is shown
to be exemplified in the Prophet’s sunnah. Women’s rights activists can therefore conduct more
holistic analyses of the Qur’an’s attitudes on gender issues by taking example from al-Hibri’s
multifaceted utilization of both intra-textual and inter-textual interpretive techniques and evidence
to uphold her reading of the Chastisement Passage.
It is also important that activists understand and convey the importance of how God, as we
understand Him through the divine word (i.e. the Quran), conceived the world as the medium and
exercise of human existence where no one race, gender, or class is innately superior to the other.
This is what the author terms as the Qur'anic worldview.
Al-Hibri works with the premise that the Qur'anic worldview, therefore, is a set of
presuppositions about how we as a people relate to each other and how our relation is
hierarchized, or rather un-hierarchized, in the Islamic social order. Precisely because the
suppositions within the world view are axioms, by definition they are therefore self-proven and
self-determined. All other concepts are argued 'from' as opposed to 'for' or 'with' this premise.
This logic therefore demands that the organization of male/female relations and hierarchy in
Muslim societies; and their attendant roles, rights and responsibilities, must be thought of and
argued from within the framework of the Qur'anic worldview.
Reference Table:
Topics within Islamic Chapter Name and/or Any reference to law How useful were the
Law relating to Page numbers of the reform (or proposals Chapters/articles
women’s rights original article read. to) in the jurisdictions on that specific
of Pakistan, topic? You can
Egypt, Morocco, gauge its utility
Tunisia, Turkey, using the criteria
Indonesia, Malaysia, mentioned in the CUA
Jordan? If yes, submission guidelines
state which country
Property and Inheritance 5, 6 4
Child Custody
Female Testimony
Political Participation 8,9 4
And Leadership
Role of Woman in the 10,11, 25 4
Family
Domestic Violence Entire Article 5
(and marital rape)
Education/Employment
Child Marriage
Running away from
home
Forced Marriage
Religious and
spiritual responsibility
Sexual and reproductive
rights
Rape
Adultery
Polygamy
Divorce
Synopsis:
● While the increased strain Muslims faced after September 11 generally spurred
the Muslim community to engage the larger political landscape, it also frequently
aggravated the preexisting problem of domestic violence (al-Hibri 2003, 1-2).
○ According to Azizah al-Hibri, victims of domestic are routinely discouraged
to actively resist their partners and are at times themselves blamed (2).
Al-Hibri connects this atmosphere to the prevalent belief that a husband
is religiously entitled to discipline his wife, which gives the abuser false,
divine sanction to commit violence and “makes a victimized spouse a
willing participant in her own oppression” (2).
● For the purpose of tracing an accurate understanding of Islam’s position on domestic
violence, al-Hibri turns to the Qur’an and its conception of gender relations.
The Qur’anic Philosophy of Social Change and Asbab al-Nuzul (Reasons for the Revelation)
● In addressing these questions, al-Hibri says we need to properly engage “the Qur’anic
philosophy of social change, then the reported reasons for the revelation of this verse
(asbab al-nuzul), and finally, the social conditions at the time of the revelation and the
related prophetic interpretation” (14).
● Al-Hibri contends that the Qur’an’s approach to social change is gradual and points to
how the Qur’an itself as well as the restriction against drinking alcohol were both
incrementally revealed (14).
● With regard to the context that situated the revelation of the Chastisement Passage, al-
Hibri notes that it is necessary to understand the brutality of pre-Islamic Arab men,
especially the Makkans, against their wives. The Prophet had rebuked Muslim men that
hit their spouses and allowed women to exact retribution in response to a complaint her
received from a Muslim woman. The Chastisement Passage is said to have been revealed
following male protest that the Prophet’s actions favored women (14-15).
● Seemingly less woman-friendly than Muhammad’s prior decision, the Chastisement
Passage reflects the Qur’an’s gradualist approach by leaving “hitting” in form while
working to displace its negative content (15).
● The Chastisement Verse in effect prohibits violence against women by redefining the
concept of “hitting” and converting it into a symbolic act that allows a husband to express
frustration by using a handful of basil or a handkerchief to strike his wife. Even this
figurative “hitting” can only come after establishing the wife to be nashiz, which al-Hibri
leaves undefined for now, and the husband completes a series of reconciliatory measures
(15-16).
Conclusion
● For al-Hibri, the Chastisement Passage provides Muslims a tool to achieve the ideal stage
in marital relations consisting of a situation where husbands and wives “hold together on
equitable terms” (28).
● While seeking to eliminate violence towards women completely, the Qur’an outlines
a multistage solution for men to manage valid anger against their wives based on
its awareness of the intricacy of human emotion. If unable to find closure from the
preliminary measures detailed in the Chastisement Passage, husbands are permitted, in
the manner of Job, to symbolically strike their wives as a way to display their discontent
without wounding their spouses (28-29).
Extracts:
Introduction
The impact of September 11, 2001, on the American Muslim community has been both severe
and multifaceted (al-Hibri 2003, 1).
…The American Muslim community has experienced a new awakening and a determination
to become an active part of the American democratic process. In some cases, however, the
cumulative effect of fear, frustration, experiences of discrimination, and job insecurity, bled
into the Muslim family. Where latent problems of domestic violence already existed, the new
pressures made the situation worse3 (2).
In this article, I will address my tradition’s view of domestic violence. But to understand the
Islamic perspective on domestic violence, we need first to understand the Islamic view of gender
relations, especially within the family. This view is rooted in the Qur’an, to which we turn next
(2-3).
Iblis had adopted a value system based on an arbitrary hierarchical principle (“fire is better than
clay”) which served his own arrogant and selfish purposes….Consequently, he violated the
fundamental principle of tawhid and fell into shirk (the opposite of monotheism, that is a belief in
more than one supreme being or will) (4).
In his Ihya’ ‘Ulum al-Deen, the medieval jurist al-Ghazali…notes that every time a rich man
believes that he is better than a poor one, or a white man believes that he is better than a black
one, then he is being arrogant. He is adopting the same hierarchical principles adopted by Iblis in
his jahl, and thus falling into shirk (6).
I agree, and add to his list, gender-based reasons. The Qur’an states clearly and repeatedly that
we were all, male and female, created from the same nafs (soul)21 (7).
I refer to this ayah [49:13] as the Diversity Principle. It explains that we were created from
two different genders and made into a multitude of different tribes and nations, so that we may
become acquainted with each other (i.e., to enjoy each other’s differences and company, or to put
it differently, variety is the spice of life)24 (8).
The Prophet implemented this Qur’anic view of human relations in his own practices (8).
For example, at the dawn of Islam when the Prophet was still in Makkah, seventy three men and
two women gave the Prophet their bay’ah.26…The two women’s bay’ah were given and accepted
on the same terms as those of the men.27 The men and women then elected 12 representatives
of their tribes to discuss various matters with the Prophet. Subsequently, a delegation of Arab
women came to the Prophet and gave him their bay’ah on behalf of other Arab women. This
purely women’s bay’ah was also accepted by the Prophet, who conversed with the women to
clarify the bases of their commitment (8).
These two events and other early meetings established two important principles: (1) that bay’ah
and shura are the basic principles on which the Islamic model of governance is based, and (2)
that women share in that system on equal footing. The second principle flows from the Qur’anic
statement that both genders were created from the same nafs, and that the most favored in God’s
sight is the one who is most pious29 (9).
…We may justifiably conclude that the Qur’an articulates a basic general principle about proper
gender relations; namely, that they are relations between mates created from the same nafs, which
are intended to provide these mates with tranquillity, and are to be characterized by affection and
mercy (10).
The Prophet’s example in his own household illustrates this Harmony Principle….‘A’ishah, his
young wife, blossomed and felt free to think, argue and disagree with the Prophet repeatedly.
They treated each other with tender affection and kindness, and the Prophet nurtured ‘A’ishah’s
young mind while at the same time integrating her into the life of the Muslim community where
she played an important role…. The Prophet himself was a model “modern” husband and father,
never asking anyone to wait on him and participating in household chores and childcare.36 His
great love and respect for ‘A’ishah, and Khadijah even after her death, as well as his daughter
Fatimah, are well-documented in history books37 (10-11).
Having explained the Islamic perspective on gender relations, especially within the family, it
would seem clear that domestic violence has no place within that framework. But the matter is
not that easy. There is a Qur’anic verse which appears to explicitly permit husbands to chastise
their wives.38 This verse has been used by many male scholars to argue in favor of the man
having the right to “beat” his wife.39 In our view, this reading of the verse is erroneous (11).
My first comment on this verse is simple. “Wadrubuhunna” has its plain Arabic meaning,
namely, “hit them.” Now that we have gone over this hurdle, we need to ask ourselves: Does the
Qur’an advocate hitting women? And, how does that square with the Harmony principle (13-14)?
The Qur’anic Philosophy of Social Change and Asbab al-Nuzul (Reasons for the Revelation)
It is a well-known fact that the Qur’an adopts a gradualist philosophy for social change.
Gradualism is God’s merciful recognition of the human condition and its limitations in the face of
change (14).
The gradualism reflected in the “Chastisement Passage” was not instituted as to the prohibition
of “hitting;” that is, unlike wine drinking, there was no gradual prohibition of hitting women.
The prohibition was immediate, but the approach was quite complex (15).
Al-Shawkani notes that the Prophet flatly prohibited hitting women.71 Yet, as the perfect Muslim,
the Prophet is bound by the Qur’an, including the “Chastisemnt Verse” that appears to have
overruled him. So, how can we explain the Prophet’s sunnah in light of the “Chastisement
Passage” (18)?
…We note that in a society in which wife beating was prevalent, the Qur’an changed the meaning
of “hitting,” narrowed severely the justification for “hitting,” and imposed a graduated approach
to anger management designed to dissipate that anger before reaching the final stage. It also held
up an ideal of spousal relations for both genders to aspire to. For these reasons, many Muslim
jurists of medieval times concluded that “hitting” one’s wife was “makrouh” (strongly disliked).
They also concluded that if the husband is unable to avoid this behavior completely, then he
may only hit his wife as a last resort, and that such action could only be for one specific reason,
namely that of nushuz (which will be discussed later), and only for nushuz. This was considered
the narrow exception that God provided in the “Chastisement Passage” (18).
Some jurists have found…that any woman who disobeys her husband angers God.83 Thus the
obedience of the husband is subsumed under the obedience of God, an approach which borders
on shirk (21).
In his famous Khutbat al-Wadaa’, the Prophet actually interpreted the word “nushuz”… to mean
one of two things: bringing someone the husband dislikes into his bed, or committing fahishah
mubayyinah. To understand the scope of this Prophetic statement, we need to explore further the
meaning of fahishah mubayyinah (22).
One more observation about the “Chastisement Passage”: It does not appear to require actual
knowledge by the husband of the occurrence of the actions described above, but rather a “fear”
or “suspicion” of their occurrence…. I believe it is unreasonable to expect that the husband may
not react to well-grounded suspicions about his wife until he has actual proof. For one, he may
save her from committing fahishah mubayyinah, which would ruin their family relations and her
spiritual well-being (25).
Interpretations of “nushuz” which force the wife to give up her independent will in favor of
her husband’s do not reflect the lives and example of female Islamic role models, including
the wives of the Prophet who amazed Muslims by constantly arguing with him over matters of
disagreement.99 For them to behave otherwise would have made a mockery out of the basic
concepts of bay’ah and shura. In the familial model, the bride’s free consent to the marriage
represent s her bay’ah to the husband to take care of their family.100 Disagreements and
discussions are the essence of shura in an Islamic marriage (25).
Conclusion
Thus, the Qur’anic approach to the problem of husbands hitting their wives aims at eliminating
such behavior altogether, but it takes into account the very nature of human beings, the
complexity of their emotions, and the need for “a gestation period” for them to achieve a higher
stage of development. It also helps them reach that higher stage through a series of prescribed
behavior aimed at self-control and anger management, and by describing and exhorting
by words and the example of the Prophet that blissful higher stage of marital life (27-28).