Islam critiqued the prosecutor; Aisha, the Prophet and domestic abuse?

In answer to the video "Bizarre Narrations- Why Muhammad Shoved Aisha"

Beating is not promoted nor did the Quran invent domestic violence. The Quran canalizes such behavior by preventing an immediate jump to beating, by giving a very stringent procedure to prevent reaching to that point. Men, if they beat their wives, they do so out of anger, and afterwards try and justify it by saying religion allows it. What the Quran is doing is preventing this impulse, and it does so in a context where it reforms women status and appeals to men's taqwa, their God consciousness, with verses setting the natural order of Men-Women relationships.

Verses such as 30:21 and others

"And one of His signs is that He created mates for you from yourselves that you may find rest in them, and He put between you love and compassion; most surely there are signs in this for a people who reflect".

Men and women naturally deal in terms of love and compassion, meaning domestic violence is against the natural order of things.

In 4:34 the Quran uses the word qawwam, from Q-W-M and it means standing upright. It covers the meaning that the entity stands upright and that it helps others stand upright. Man is referred to as being qawwam over the woman by means of the bounties which he has been bestowed with, the bounties which he must use responsibly in the maintenance of his household. In other words, man cannot stand upright over the woman if he does not care and maintain his base, his wife. Qawwam in addition is in a grammatical form of siratul mubalagha, denoting a pattern of behavior.

In this case, the verse's opening is stating the husband is one behaving with a pattern of care towards his wife. The word carries also the notion of qima/value, making the qawwam the one who gives value ie to his wife, which negates emotional abuse, a domestic issue often addressed in the Quran.

As is obvious, domestic violence has nothing to do with the notion of qawwam, meaning the verse itself stipulates that proper treatment of a woman is exactly the opposite of hurting a women. This is why the Quran then goes on to provide an exhaustive means to prevent hitting in the first place, and even when one reaches the point where striking becomes a valid option, it must be done in a way that encourages a change of course and can never contradict the fundamental notion of man being qawwam over the woman. This will be shown a little later.

This passage, like many others where the divine law is expounded, the Quran wraps the passage with a message that connects the divine law with spiritual awareness. This is done so that man never loses sight of the spirit of the law. In this case, the passage ends with a mention of certain attributes of God; He is the High and Mighty. There is a greater Being, with more authority than man and he should therefore not abuse of his position. The attribute of Might is also well suited to the context; men may be stronger than woman, but there is One stronger than man. And if men abuse their power, then let them know that they will have to face the Almighty.

This style is used in other instances, such as when a man is told of his superiority over a wife in certain aspects of divorce procedures but reminded that this superiority is based on absolute wisdom and should that superiority be misused outside the bounds of wisdom, then there is One mightier than all

2:228"and the men are a degree above them, and Allah is Mighty, Wise".

Prior to the "beating" portion, first, the verse urges admonishment. This reveals the Quran engages the situation rationally, appealing to the intellect of the woman which was considered lower than a man's.

"those on whose part you fear nushuz"

KHAWF means fear of credible danger, as is consistent with all its occurrences in the Quran. So, it is not fear as in suspicion/Dhann. Dhann is to hold an opinion upon uncertain evidence. KHAWF is a fear about probable significant danger but it still does not refer to something obvious/blatant, and there is an element of relativity/subjectivity to it which is why the Quran tells to ITHOOHUNNA/advise them. Even though the reasons for fear are credible, they can still be incorrect. This advising will not be in a harsh manner, as can be seen by its occurrences in the Quran, for example 31:13-19. When you give advice, you give the advice and listen to what they have to say. Therefore if the reason for the fear is diffused, then the problem is diffused.

Another thing worth mentioning is that the word khawf denotes a significant threat in terms of marriage ties, it cannot be speaking of normal disagreements and disputes. This is corroborated by the life of the one that embodied the Quran, the prophet had many reported disputes with his wives but always kept his composure and patience, remaining of gentle character, neither did he qualify their behavior as nushuz. Nushuz from the root N-SH-Z means elevated. It is used, among other things, for when a person elevates themselves above others, as in rebellion or arrogance or disdaining others. This isnt about typical disagreements that arise normally during a marriage. One isnt disdainfully arrogant and disrespectful during such disputes.

That is why the verse then says that if the wife desists from her nushuz

"do not seek a way against them; surely Allah is High, Great".

Further, this kind of attitude is one that threatens the preservation of the private, ie the intimate conjugal matters which the verse states should never be compromised, hence the parallel made between the preservation of these issues with the manner in which Allah preserves the unseen, a realm and knowledge which is shared only partially and with a select few

"the righteous women (are) dedicated, preservers of the private, by what Allah preserved".

If that first step, of engaging the situation rationally doesnt work, the Quran tells the husband to resort to step 2, distance himself physically. This can be done by not sharing the bed for example which is an appeal to the emotion of the woman.

Most men, the vast majority, will not even think of beating their wife even after these 2 steps, rational, then emotional, aiming at stoping her nushuz have failed. 99% of couples will simply divorce at that point. However, the verse has specifically mentionned the option of beating in order to address 3 extreme situations.

First, as said in introduction, the issue of men who become violent due to impulsive anger. The verse offers them the option of beating, but after a gradual procedures precisely aimed at smoothly blocking their impulse and ultimately prevent beating. This is much more efficient than telling them from the get go that they cannot hit at all. One cannot expect a person behaving irrationally and emotionally to want to listen to a forceful instruction. It is well known that the best manner to deal with impulsive behavior is through mindful and calming steps.

In a situation where a husband fears nushuz from his wife in matters of transgression of the bounds of "guarding the unseen" which is a grave situation for any man of any culture, equal to backstabbing, an impulsive husband will immediately want to beat his wife, but the verse prevents that impulse, telling him to engage the situation rationally by first reasoning with his wife then refrain from physical contact

"admonish them, and leave them alone in the sleeping-places".

These 2 successive steps are crucial and effective at curbing a violent man's impulses and give him, as well as his wife, the time to cool-down and think.

At that point, the wife who stubbornly wants to keep going with her highly injurious attitude towards her husband knows that she just waisted 2 chances at solving the situation peacefully and rationaly and that now, if she wants to stay in the same household she has no choice but to mend her ways or face corrective physical punishement.

So even before resorting to beating, the wife with whom the appeal to her intellect and emotion through steps 1 and 2 did not work, who wants to stay in the same household and knows that her attitude was highly injurious will refrain by herself, thus settling the dispute. This is the second objective to allow beating, it serves as a deterrent to that type of woman. But if at that point, the woman genuinely did nothing wrong, decides not to change anything from her attitude while staying in the same household then she still knows that her husband, who believes to have been morally injured can resort to beating her.

So what will she do at that point and what option does the Sharia give her? Will she let her husband beat her while she thinks she has done nothing wrong? The Quran says

4:35"And if you fear a breech between the two, then appoint a judge from his people and a judge from her people; if they BOTH desire agreement, Allah will effect harmony between them; surely Allah is Knowing, Aware".

The words are clear and give her the right to appeal to a judge who will in turn designate an arbitrer from her side and her husband's, to settle the dispute and prove her right, or if she is proven wrong then she either mends her way and returns to the same household or simply divorce

"if they BOTH desire agreement".

The verse however clearly prefers reconciliation, as pointed in the words

"Allah will effect harmony between them; surely Allah is Knowing, Aware".

This is reiterated in 4:128 which states that in case a wife fears nushuz from her husband, the same word used previously for a rebellious, disdaining wife, then "there is no blame on them, if they effect a reconciliation between them, and reconciliation is better". 4:128 also stresses that attempts at reconciliation should be undertaken as soon as signs of nushuz appear, not when the wife is already abused

"And if a woman FEARS nushuz".

Another thing worth noting is that nushuz, the attitude of disrespectful disdain and arrogance, when used in the context of marriage, applies to both men and women, with a tendency for adultery. The word is used in that connotation in pre- as well as post Islamic texts. For instance when a case of domestic dispute was brought to the prophet, the husband claimed that his wife 

"is nashiz and wants to go back to Rifa`a (another man)". 

In a report believed to have been uttered towards the end of the prophet's life, he emphasized that the option of striking is in the context of sexual transgression, thus further pointing that nushuz, the action which allows several punitive measures including striking, is related to adultery 

"Surely, I enjoin you to treat women well, for they are like your captives. You do not have any right to treat them otherwise, unless they commit a clear obscenity/fahisha. If they do so, you may forsake their beds and then strike them without violence".

A woman isnt required to go through successive corrective steps to reform her husband, even if she only fears that her husband might become disrespectful, disdainful and arrogant. As soon as she sees the signs, she may appeal to a judge and only if she accepts reconciling, then the relationship may resume. Here is the verse again

"if they BOTH desire agreement".

We have seen until now how the Quran, contrary to any other religious scripture, deals with the issue of domestic violence in such a way that impulsive men cannot reach the point where they will use force. Secondly, it is a deterrant to an emotionally abusive woman willing to live in a household and be maintained by a man while being inclined to backstab him.

The 3rd purpose for allowing a husband to beat his wife is to address the issue of passionate, toxic relationships. In these types of unions, common to any time and culture, both may separate at any time, but instead, the abusive wife chooses to remain despite knowing the husband is about to resort to physical punitive measures and the husband chooses to remain despite having tried reforming an emotionally abusive wife.

None can be forced to divorce and only one option remains to reform the abusive party, physical punishment. This, again is an extreme case of passionate love where an abused husband wants to make his wife come back to her senses after having tried all peaceful avenues. Neither he wants to let go of her nor she wants to leave him despite both having the right to do so. The word used is IDRIBOOHUNNA, derived from the root Dhad-R-B and it means hitting of the limbs to serve a function. That function in this case is not only striking, but striking to encourage change of attitude and that cannot happen by a severe beating.  It is a kind of physical action that brings back the person to the senses and causes a change of behavior. This is how all the commentators understand the striking that is meant, as a noninjurious form of physical force.

This verse was revealed in ancient Arabia, in a time when the world as a whole viewed beating one’s wife as a right in the male dominated patriarchal society. If it reflected the mentality of its contemporaries then it wouldnt have addressed the issue from such an intricately psychological perspective.

In terms of misogyny, nothing in Islam remotely resembles what is found in Judeo-Christian texts and traditions, whose background is, the events of the garden painting Eve as the first to sin, then leading Adam to sin, and because of that was condemned to be "restrained" through subjection to the rule of her husband forever Gen3. Prior to the modern era, that notion was interpreted as warranting physical punishment for marital disobedience, in both Jewish and Christian traditions. In Christian texts, through the writings attributed to Paul, male rulership is associated with physical coercion in case of disobedience. This includes disobedience of subjects to their ruler, slaves to their masters, children to their fathers, and by obvious analogy, wives to their husbands. Rom13:1-5,Titus2:9-10,Eph6:5,Heb12:5-11,1Tim3:4,Ex21:20-21,Prov23:13-14,20:30,13:24 etc.

The prophet himself never beat his wives, abusive or not. Had it been his habit or had the Quran condoned domestic abuse, we would have seen a pattern in the prophet's life. In fact his wives had the option to divorce him anytime they wished and be graciously helped so as to start their new life unbothered. Not only was this pattern absent from his life, but we even see one of his wives, Umm Habiba asking him to marry her own sister so she can "share with her of the prophet's goodness", which he declined. 

The prophet approved of a woman's divorce request following physical and verbal domestic abuse from her husband. It was only expected by him given that he would not tolerate even the beating of women maid-servants

"one of us slapped her and Allah's messenger ordered us to set her free".

In fact it is said that this wife beating verse 4:34 was revealed in relation to the case of a woman that came complaining to the prophet that her husband had hit her. The prophet disliked that behavior, he was known for his good treatment of his wives. He was about to punish the perpetrator based on the law of retaliation then the verse came to educate husbands and wives on the matter. The prophet said

"I wanted one thing and God wanted another".

This is because, as shown earlier, there is wisdom in allowing corrective physical punishement in the intricate way that the Quran does.

4:19"..Nor should ye treat them with harshness..on the contrary live with them on a footing of kindness and equity.." 

30:21"And one of His signs is that He created mates for you from yourselves that you may find rest in them, and He put between you love and compassion; most surely there are signs in this for a people who reflect"

As unambiguously stated by Aisha

"The Messenger of Allah, peace and blessings be upon him, did not strike a servant or a woman, and he never struck anything with his hand".

This statement made long after the prophet's death, by itself is enough to negate any attempt at misrepresenting any related incident from the prophet's life and cast it in a bad light. But this isnt enough to the hatemongerers. The intellectual dishonesty is such that they quote and misrepresent an incident involving the same Aisha who said the prophet never hit a woman, in their bid to disparage him. The part of the hadith in question which is misunderstood is

"He struck me on the chest which caused me pain".

The Arabic lahaza does not denote striking, rather a nudge, and neither does the complete hadith justify the malicious misinterpretation of the critics. Being of gentle, forbearing character with his wives, as attested by too many ahadith to list, and even echoed in the Quran, the prophet in that hadith is depicted as silently leaving Aisha's quarter at night so as to not wake her up and going to a cemetery to pray for the dead, then hastily returning to the conjugal bed where he encountered Aisha suspicious of him. That is when he engaged Aisha physically by pushing her chest, not with the intention of beating or causing pain but to grab her attention as he is reported to have done in other cases 

"The Prophet struck my chest with his hand and he said.."sahih Muslim 1825 or Bukhari V4,B52,N310 "I informed the Prophet that I could not sit firm on horses, so he stroke me on the chest with his hand and I noticed his finger marks on my chest. He invoked, 'O Allah! Make him firm and a guiding and rightly-guided man.." Etc.

This physical manner in engaging a person to grab his/her attention was often done before teaching the important lesson that follows. In another narration the prophet said

"The most complete of the believers in faith are those with the best character, and the best of you are the best in behavior to their women".

Many ahadith are of the same import. For example the prophet used a particular expression in reference to women nature 

"Treat women nicely, for a women is created from a rib, and the most curved portion of the rib is its upper portion, so, if you should try to straighten it, it will break, but if you leave it as it is, it will remain crooked. So treat women nicely". 

According to al albani and sheikh al arnaout, the allusion to a rib is metaphorical, and this is obvious for several reasons. "ka dhilaa/like ribs" is used in other narrations figuratively. Even the Quran alludes to nature rather than physical origin when it says that 21:37"man has been created from hastiness". Also, Had the hadith been speaking of the physical origin of women then it would have mentionned the first or a particular woman as created from a rib. The prophet here is giving a subtle and pragmatic lesson in gender relationships. Just as a rib would break if one uses force against its naturally curved shape, a woman will break, and the relation with her husband as well, should one try to forcefully change her particular nature and character so as to fit one's tastes. And just as leaving the rib undisturbed will make it retain its natural shape, complete passivity in a relationship will make the woman keep her natural character (regardless of whether that character is good or bad). If a man therefore wants to try changing some traits in a woman, so as to make her more suited to his own personal disposition, then one should neither use force, nor be disinterested and detached, rather one should always be tactful.

It is important to keep in mind the verse's aim which is not to give a command to strike, hence the Quran's explicit silence on the modus operandi, but to address the issue of violent men who would be inclined to strike their wives whether with their hand, a stick or chain. And this, although the verse was revealed in ancient Arabia, in a time when the world as a whole viewed beating one’s wife as a right in the male dominated patriarchal society. Islamic judges of the classical era, based on the prophet's example and many reported sayings on husband-wife etiquette, used to frequently dissolve marriages based on domestic abuse, with the wife keeping her belongings and dowry and the husband responsible for spousal maintenance, requesting compensation and protection for the women, discouraging and admonishing husbands from comitting any type of violence against their wives. The 2nd caliph, Umar once meted out a punishment, a beating on a man as a result of him causing trouble and being harsh to his wife.