| Bismillah
Al-jawab billahi at-taufeeq (the answer with Allah’s guidance)
1) A woman does not have the right to divorce her husband. The right of divorce vest solely with the husband. However if the wife is abused or her husband fails in his marital duties towards her, then she may contact her local Ulama body, who will in turn contact the husband and order him to fulfill his duties and obligations, failing which they will instruct him to divorce her. If he is still adamant then the committee will look into the matter and based on the Shar’i proofs and evidences produced they may annul the marriage if there are valid Shar’i grounds for doing so.
2) To Hit ones wife.
Allah Ta’ala says:
“As for those (women) from whom you fear disobedience, admonish them and banish them to beds apart (from yours) and hit them (without harshness). Then, if they obey you, do not look for any way against them. Allah is High, Great.” (4:34)
Hakeem Ibn Mu’awiyah (RA) narrates a Hadith, “Do not strike the face.”
It is understood from this Hadith that one is permitted to strike without harshness anywhere besides the face.
It is mentioned in Fatawa Qadhi Khan that a husband may beat his wife in four situation,
1) Not to beautify herself when the husband tells her to.
2) Refuse intercourse without a valid reason.
3) Refuse to pray Salah.
4) To leave the house without the husband’s permission.
(Tanzeemul Ashtaat Vol. 2 Pg. 193)
Below is an extract from ‘Status Aan Rights Of A Wife In Islam, Discourses on Islamic Way of Life.’ By Mufti M Taqi Usmani Saheb.
Three steps of reforming a wife.
First of all you should advise them in a lenient and polite manner and with love to give up their bad habits and reform themselves. This is the first step of reform. If they respond favourably to admonition and accept your advice, do not go further and treat the chapter closed.
If this does not help and they insist upon their misconduct then the second step is to separate your bed and give up sleeping with them on the same bed. If they have sense, they will surely reform themselves and act upon advice.
If the second step of the reform also fails then it will be necessary to resort to the third step, which is to inflict on the wife some physical punishment; but what kind of physical punishment and to what extent? The Holy Prophet [sallallaahu alyhi wasallam] answered these questions in his sermon on the occasion of his Farewell Hajj in which he said: “(beat them very lightly so as not to injure them”. To sum up, effort should be made so as to settle matters without the expedient of this punishment. If it is found unavoidable, it is permitted only with the condition that it should be very light, the intention being only to enforce discipline and not to inflict pain and injury. It is not lawful beating one’s wife in a way that should leave a mark on the body. (A Tradition on this subject follows).
The behaviour of the Holy Prophet [sallallaahu alyhi wasallam]
When the Holy Prophet [sallallaahu alyhi wasallam] passed away from this world he left behind nine sacred wives. These wives were not angels sent down from the heaven: they were members of this world and society. Sometimes, bitterness occurred among them as is usual and natural among co-wives. Sometimes such problems also arose as usually arise between husbands and wives. Hazrat Ayesha [radhiallaahu anha] has narrated: Not only did the Holy Prophet ever raise his hands on any of his wives, but it was also his habit to enter the house with a smiling face.
The Prophet’s Sunnah (practice)
It is the Sunnah (practice) of the Holy Prophet [sallallaahu alyhi wasallam] that men should not raise their hands at women (to beat them). The permissibility of punishing physically is restricted only to abnormal and unavoidable situations. In fact beating women is not the Sunnah of the Holy Prophet [sallallaahu alyhi wasallam]; his Sunnah is what Hazrat Ayesha has narrated.
And Only Allah Ta’ala Knows Best.
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Moulana Qamruz Zaman
London, UK
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