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Journal Article

Citation

Mahmoud M. J. Am. Orient. Soc. 2006; 126(4): 537-550.

Copyright

(Copyright © 2006, American Oriental Society)

DOI

unavailable

PMID

unavailable

Abstract

The Qur'an contains many verses that may be described as "problematic." Such verses pose problems because of several factors, including what they mean or whether their meaning should be taken literally or figuratively. Sometimes the problem of consistency arises when one verse contradicts another. (1) However, the focus of this paper will be a problem of a different nature, namely that raised by Qur'an 4:34 concerning disciplining a wife who commits nushuz (disobedience) by beating her. I will argue that though the dominant expressions of Islam in the past and in the present have had no problem with the patriarchal premises and prescriptions of 4:34 (and, for that matter, with other Qur'anic verses of a patriarchal nature), the beating measure has been met with moral unease and resistance by many authorities both past and present. I further argue that the logical corollary of this resistance is what may be described as a "virtual abrogation" or an "abrogative suspension" of the beating measure. This is one of those rare instances when a believer feels that he/she stands on a different and higher moral plane than that which the sacred scripture prescribes.

Verse 4:34 reads: "arrijalu qawwamuna cala 'nnisa'i bima faddala 'llahu ba dahum ala ba din wa bima anfaqu min amwalihim fa-ssalihatu qanitatun hafizatun li-'l-ghaibi bima hafiza 'llahu wa 'llati takhafuna nushuzahunna fa-fizuhunna wa hjuruhunna fi 1-madaji i wa 'dribuhunna fa-in ata nakum fa-la tabghu alaihinna sabilan inna 'llaha kana aliyyan kabiran" ("Men are qawwamun [maintainers of, in charge of] women because God has granted (men) favor [faddala] over (women) and because of what )men) expend on (women) of their property. So, righteous women are devout and guard [in their men's absence] what God would have them guard. And those whose disobedience (nushuz) you fear, exhort them, and do not share beds with them, and beat them. If they obey you, do not seek a way against them; God is All-High, All-Great").

The verse outlines the nature of the relationship between men and women within the family institution and deals with the critical moment when this relationship is threatened by wifely insubordination or disobedience (nushuz). (2) Though the verse is thematically connected to the following one, it will be discussed separately because of the focus on the beating problem.

The verse divides into five thematic sub-units of general affirmation, exhortation, crisis, discipline, and reconciliation. From the outset, it affirms the principle of qawama (guardianship, oversight): men are charged with a special responsibility vis-a-vis women and are hence invested with the power of supervision and control over them. This guardianship rests on a dual basis: the divine preference of men over women (bima faddala 'llahu ba'dahum ala ba'din), and the socio-economic role assigned to men (wa bima anfaqu min amwail him). The verse then proceeds to characterize the "ideal woman"--a notion that seemingly coalesces with that of an "ideal wife." Ideal women/wives are righteous (salihat, devout (qanitat), and faithful in their husbands' absence. This characterization may be read as exhortative in nature in that it prompts women to be "ideal," to do what pleases God. The verse then turns to crisis and discipline, when a wife deviates from this norm by engaging in disobedience, and the measures that a husband should take to rectify the situation: reprimanding her, shunning her in bed, and beating her. Finally, the verse warns any husband against abusing a wife who ceases to disobey. A wife's return to the "fold of obedience" signals reconciliation and the husband can no longer deploy any disciplinary measures against her.

I will deal with the beating problem in the light of the responses of classical and modern tafsir and the responses of modern Muslim feminists. Since the tafsir material is vast, I will confine myself to the classical commentaries of Muhammad b. Jarir al-Tabari (d. 310/923) and Mahmud b. Umar al-Zamakhshari (d. 538/1143) and the influential modern al Manarcommentary of Muhammad Abduh (d. 1905) and Rashid Rida (d. 1935), as well as the commentary of Abu al-A la-Madudi (d. 1979). The treatment of the verse by the contemporary Tunisian historian and modernist Muhammad al-Talbi will also be discussed. The material and concerns of these commentaries provide us with a reasonably comprehensive picture of the range of past and present-day Sunni exegetical responses. The paper concludes with a close examination of the responses of some modern Muslim feminists to verse 4:34 and in particular its beating measure.

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