The Right of the Husband to Discipline the Wife (book)
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| Book Information | |
|---|---|
| Author | Ali-Akbar Sha'bani |
| Style | Analytical |
| Language | Persian |
| Pages | 124 |
| اطلاعات نشر | |
| Publisher | Dehkadeh Housam |
- Abstract
The Right of the Husband to Discipline the Wife is a book by Ali-Akbar Sha'bani in the field of Family Jurisprudence. By analyzing Quran 4:34 and other Quranic and narrative evidence, the author introduces the concept of "qawwamiyyah" (guardianship) as a responsibility involving the man's headship, protection, and service within the family, rather than as a form of dominance or personal privilege.
This work examines the status of women in Islam from the perspective of the Quran and the Infallibles, and discusses the psychological and physical differences between men and women as determining factors for their roles and responsibilities. A portion of the book is dedicated to the rulings concerning a disobedient wife (*nashizah*), explaining the stages of dealing with nushuz (disobedience) and the limitations on physical discipline. Finally, the author examines instances of the husband's guardianship in Iranian law.
Introduction to the Book
- The Right of the Husband to Discipline the Wife* is a book in the field of Family Jurisprudence. It was authored in Persian by Ali-Akbar Sha'bani and published by Dehkadeh Housam Publications in 1395 SH in 124 pages.
The work begins with a table of contents and an introduction by the author, and concludes with a list of sources. The main topics of the book are organized into six chapters. The first chapter is dedicated to theoretical foundations. The second chapter discusses the status of women in Islam, and the third chapter examines the condition of women in past societies. In the fourth chapter, the author explains the jurisprudential foundations and instances of the husband's guardianship over his wife. The fifth chapter details the rulings concerning a disobedient wife. In the sixth chapter, he identifies and explains instances of the husband's guardianship over his wife in various articles of the Civil Code, including in family relations, and the responsibilities and authorities of the man in relation to the woman (pp. 101-118).
Qawwamiyyah in the Quran: Guardianship, Not Superiority
In the first chapter, the author interprets Quran 4:34 to mean the husband's headship, management, and leadership over the wife. He considers this position of headship not a privilege, but a responsibility placed on the man's shoulders. He then defines "right" and explains the difference between "justice" and "equality." In his view, when determining the rights and duties of men and women, Islam relies on the principle of justice, not equality, and in differentiating between their rights, it has considered public interests and wise reasons. The author also emphasizes the eternality of Islamic rulings (pp. 9-15).
The Status of Woman in Islam and Past Societies
The Quran has viewed men and women as equals in most domains (such as servitude to God, faith, and human values). The author points to Quranic examples where models of faith and disbelief are presented in the form of women, such as the Virgin Mary (s) and the wife of Pharaoh as examples of faith, and the wife of Prophet Noah (a) and the wife of Prophet Lot (a) as examples of disbelief. The author considers the condemnation of the pre-Islamic practice of female infanticide and the Quran's emphasis on the high status of mothers as a sign of the esteemed position of women in the Islamic view (pp. 17-22).
Ali-Akbar Sha'bani then discusses the perspective of the Infallibles on women. In narrations, women are considered on par with men, and the description of paradise being at the feet of mothers is a testament to their spiritual station. He considers women, like men, to possess intellect and emphasizes that "human intellect," which is necessary for religious growth, exists equally in both genders. He interprets the phrase "deficiency of intellect" in some narrations as referring to women's lesser inclination towards dry, calculative rationalism, and believes this characteristic stems from their emotional and gentle role in the family. According to him, Islam emphasizes joint consultation between husband and wife in household affairs, child-rearing, and family decision-making (pp. 22-28).
At the end of the second chapter, the author points to the psychological and physical differences between men and women and believes that these differences naturally assign different roles and responsibilities to each (pp. 28-31). In the third chapter, the author discusses the headship of men and the precarious status of women in past societies (pp. 33-36).
Jurisprudential Foundations and Instances of the Husband's Guardianship over the Wife
In the fourth chapter, the author examines the jurisprudential foundations and evidence for the husband's guardianship over his wife.
Reliance on Verses
In his view, Quran 66:6 shows that the responsibility for supervising the spiritual affairs of the family is placed on men, and this supervision includes commanding and forbidding the wife and children in spiritual matters; something which, according to the author, is accompanied by a form of management and headship. He considers other verses such as Quran 20:132 to support the same meaning (pp. 37-38).
The most important Quranic evidence for the husband's guardianship is Quran 4:34, which explicitly refers to the "qawwamiyyah" of men. The author distinguishes between the two words "qawwam" and "qayyim" and emphasizes that men in this verse are not the masters of women; rather, their responsibility is a kind of guardianship combined with service, support, and attending to the needs of women. In his opinion, the best equivalent for the word "qawwam" in this verse is "serving guardian." He considers the responsibility of the man to pay maintenance (*nafaqah*) as an instance of guardianship (pp. 38-45).
The author then, by examining the opinions of exegetes, concludes that all exegetes have emphasized two prominent advantages of men, namely greater rationality and higher physical ability, and consider these two characteristics as the basis for the superiority and guardianship of men. Of course, he evaluates this superiority not in the sense of domination, but in the service of the family structure. Contrary to the view of some exegetes (like Muhammad Husayn Tabataba'i), the author believes that the verse of guardianship is solely concerned with family relations and the manner of interaction between spouses, and one cannot derive from it a law for the necessity of men's management in society or the prohibition of women from social management (pp. 46-55).
Quran 2:228 is another piece of evidence that the author examines to explain guardianship. According to him, this verse indicates a kind of superiority for men that stems from heavy responsibilities such as paying the dower (*mahr*) and maintenance. Therefore, in the author's view, the man's headship of the family is a reflection of these responsibilities, and it is for this reason that the man enjoys rights such as a larger share of inheritance, and the right of divorce and revocation. However, the author considers men and women to have equal rights in many family matters, although he enumerates additional authorities for the man in the area of family management and leadership (pp. 55-64).
Reliance on Narrations
At the end of the fourth chapter, relying on narrations, the author explains Islam's view on the role of women in society. These narrations indicate that major affairs should not be entrusted to women, one should refrain from following them, the leadership of women over men is condemned, consultation with women in some matters is forbidden, and they should not hold judicial positions. Based on these narrations, he concludes that the administration of major societal affairs should be entrusted to men, and women, by focusing on roles such as motherhood and homemaking, should contribute to preserving family cohesion. The author also emphasizes the high status of motherhood in narrations and considers reason to also support this division of roles. At the end of the chapter, the views of some jurists like Imam Khomeini are mentioned, who have emphasized the importance of women's role in the home and as mothers (pp. 64-72).
Rulings on the Disobedient Wife
In the fifth chapter, the author examines the ruling on a disobedient wife (*nashizah*), making Quran 4:34 the central axis of the discussion. From his perspective, "nushuz" means the wife's defiance and disobedience towards her husband, and the Quran recommends three sequential steps to counter it: 1. Admonition and advice, 2. Forsaking her in bed, and 3. Physical discipline. The author emphasizes that these steps are taken with the aim of correcting behavior and returning the wife to the path of proper interaction in the family, not for revenge or oppression. Referring to the views of jurists, he clarifies that physical discipline must be light and limited and should not lead to bruising, fractures, or bleeding. In contrast, in the case of a husband's nushuz, based on Quran 4:128, the wife is not permitted any form of physical discipline (pp. 73-79).
Jurisprudential Views on Discipline
Next, the views of some jurists on this matter are examined. Imam Khomeini considers nushuz to be realized only in the case of the wife's failure to perform her obligatory duties, such as sexual compliance and leaving the house without permission; in other cases, disobedience does not constitute nushuz (p. 80). Sayyid Ahmad Khwansari, inspired by Sheikh al-Mufid, believes that "hajr" (forsaking) applies both to separating from the bed and to turning one's back in bed. However, regarding striking (*darb*), one must resort only to its mildest form, such that the goal is solely correction, not the satisfaction of anger. In contrast, Imam Khomeini believes that if the initial steps are ineffective, the intensity of the discipline can be increased, but even in this case, the woman's body should not be bruised, bleed, or turn red (pp. 81-86).
Among the jurisprudential views, a different theory from Sayyid Mohammad Mousavi Bojnourdi is presented. According to Mousavi Bojnourdi, physical discipline in Islam is defined within the framework of "ta'zir" (discretionary punishment), and its implementation is only permissible by the religious ruler (*hakim al-shar'*). Therefore, after going through the stages of admonition and forsaking, the husband must refer to the judicial authority, and the judge may, depending on the circumstances, apply the ta'zir in a financial or non-physical form. He considers this interpretation a barrier to abuse and domestic violence (p. 86). However, the author disagrees with this view and believes that some narrations differentiate between "ta'zir" and "ta'dib" (discipline), and the case of the disobedient wife is among the instances where the husband himself has been given permission to carry out the discipline. In his view, intra-family discipline is in some cases better than resorting to the court, as referring to the judicial institution may lead to the disclosure of marital issues, damage to honor, and the deterioration of family relations (pp. 90-91).
Financial Liability Arising from Discipline
In the discussion of financial liability arising from discipline, Muhaqqiq al-Hilli in *Shara'i'* specifies that if the wife dies as a result of legitimate religious discipline, the husband bears no liability for blood money (*diyah*), as this type of discipline is permissible within the framework of discretionary punishments. Ibn Qudamah concurs with this view. However, the author of *Jawahir* rejects this opinion, emphasizing that there is a specific reason for waiving liability for governmental discretionary punishments, but no such exception exists for the discipline of a wife, and in the event of injury, the husband is liable for the blood money (p. 87). Next, views are mentioned that interpret "darb" (striking) in the verse not as physical discipline, but as "distancing oneself" and "turning away" (pp. 92-93).
To complete the discussion, the author cites narrations that permit the discipline of a wife, but at the same time, also mentions narrations that speak of the ugliness of striking women. He concludes that this second category of narrations is at least sufficient to prohibit severe and harmful striking. Finally, he reviews the views of contemporary Maraji' (religious authorities); views in which disciplining a wife in cases other than specific ones like nushuz is considered improper, and even in the case of nushuz, it is only permitted with strict limitations, including the avoidance of bruising and serious injury (pp. 93-99).