Marriage is a very important
part of life for a Muslim. Islam encourages all people who are able to marry
to do so. Marriage is dealt with in Islam very carefully since it
involves the rights of two people. Divorce is allowed in Islam if the
marriage doesn't work, however divorce is the most disliked of the
permissible things. In the Quran Allah addresses humanity in the
following glorious words:
Al-Quran, Chapter 4
Na-Nisaa, Verse 1
In
the Name of Allah, The Benevolent, The Merciful
O mankind! reverence your Guardian-Lord Who created you from a single
person created of like nature his mate and from them twain scattered
(like seeds) countless men and women; reverence Allah through Whom ye
demand your mutual (rights) and (reverence) the wombs (that bore you):
for Allah ever watches over you.
~~~~~~
Al-Quran, Chapter 25
Al-Furqan, Verse 54
In
the Name of Allah, The Benevolent, The Merciful
It is He Who has created man from water: then has He established
relationships of lineage and marriage: for thy Lord has power over all
things.
Lineage and marriage are
interlinked, they cannot be separated. Blood relationships are given the
highest of levels in Islam and it is forbidden to sever relations with
those related to you through blood (i.e. father, mother, son, daughter,
brother, sister, uncles, etc). However the relationship between a
husband and a wife is not that of blood (i.e. they are not from the same
parents), thus this relationship is one which can be broken and must be
protected through rights and rules. Therefore Allah the Glorious
addresses humanity in the Quran laying out the rules for the protection
of both the husband and wife, the limits in marriage and its allowances.
Al-Quran, Chapter 5
Al-Maida, Verse 5
In
the Name of Allah, The Benevolent, The Merciful
This day are (all) things good and pure made lawful unto you. The food
of the People of the Book is lawful unto you and yours is lawful unto
them. Lawful unto you in marriage are not only chaste women who are
believers but chaste women among the People of the Book revealed before
your time when ye give them their due dowers and desire chastity not
lewdness nor secret intrigues. If anyone rejects faith fruitless is his
work and in the Hereafter he will be in the ranks of those who have lost
all spiritual good.
Muslim men are allowed to
marry (apart from Muslim women) also Christian and Jewish women (women
of the people of the book). Apart from these three faiths (Islam,
Christianity, Judaism), women of all other religions are not permissible
for Muslim men to marry. As far as women are concerned, they may only
marry Muslim men. This is for the reason that Islam gives the leadership
role of the house to the husband and the wives are to follow their
decisions. Thus if the Muslim woman was to marry a non-Muslim man, she
would easily be led into doing things against her religion.
In Islam each gender is assigned a role and status. This role or status does not
represent inequality but it has merely been appointed for the smooth
functioning of the family unit. Just like a country does not have two
leaders, nor does a family. The husband has been assigned the primary
duty of representing, protecting and providing for the family. This is a
very large responsibility. The wife is the backbone of the family, she
is the advisor to her husband, the guide to the children and upon her
shoulders rests the most important responsibility of ensuring the family
unit stays together. One very important point to note here is that these
responsibilities are to be shared by the married couple. Neither the
husband nor the wife must use their rights to oppress the other. Allah
the Almighty describes marriage in the following metaphor in the Quran:
Al-Quran, Chapter 2
Al-Baqara, Verse 187
In
the Name of Allah, The Benevolent, The Merciful
...They are your garments. And ye are their garments....
The husband and wife are
the garments of one another. They protect each other from the outside
world, they repair each other when torn, they clean each other when
dirty, they make each other look beautiful - they are mutual partners
who must take all measures necessary to make each other happy and
secure.
A very big misconception
held by many non-Muslims about Islam is that married women are supposed
to clean and cook for the family. However this is not the case! The
Prophet Mohammed
used to sew his own clothes, he even used to cook for the family
members, he used to work hard to provide for the family, govern the
affairs of the Muslims and he also used to partake in all his household
activities. He once said, "The greatest treasure on this Earth is a
pious believing woman and the best amongst you is the one who is best to
the members of his household."
(Bukhari & Muslim)
Islam teaches humanity to love respect and
form a deep understanding with your spouse, and to always treat them
well.
Al-Quran, Chapter 25
Al-Furqan, Verse 74-75
In
the Name of Allah, The Benevolent, The Merciful
And those who say: "Our Lord!
Bestow on us
from our wives and our offspring
who will be the comfort of our eyes,
and make us leaders for the Muttaqűn"
Those will be rewarded with
the highest place
(in Paradise) because of their patience.
Therein they shall be met with greetings
and the word of peace and respect.
The order to Marry
Hadith - Sahih Bukhari, Volume 7, Book 62, Number 4, Narrated
'Abdullah
We were with the Prophet
while we were young and had no wealth whatever. So Allah's Apostle said,
"O young people! Whoever among you can marry, should marry, because it
helps him lower his gaze and guard his modesty (i.e. his private parts
from committing illegal sexual intercourse etc.), and whoever is not
able to marry, should fast, as fasting diminishes his sexual power."
Hadith - Sahih Bukhari
Volume 7, Book 62, No. 1, Narrated Anas bin Malik
A group of three men came to
the houses of the wives of the Prophet asking how the Prophet
worshipped (Allah), and when they were informed about that, they
considered their worship insufficient and said, "Where are we from the
Prophet as his past and future sins have been forgiven." Then one of
them said, "I will offer the prayer throughout the night forever." The
other said, "I will fast throughout the year and will not break my
fast." The third said, "I will keep away from the women and will not
marry forever." Allah's Apostle came to them and said, "Are you the same
people who said so-and-so? By Allah, I am more submissive to Allah and
more afraid of Him than you; yet I fast and break my fast, I do sleep
and I also marry women. So he who does not follow my tradition in
religion, is not from me (not one of my followers)."
Saying of Salaf - Sufyan ibn 'Uyaynah
Sufyân ibn ‘Uyaynah (rahimahullâh)
said, "The most nimble of creatures still have need of a voice. The
cleverest women still need to have a husband, and the cleverest man
still needs to consult wise men."
The Marriage (Nikah) Contract
This is the contract which
is drawn up between the two parties wanting to get married. It is an
Islamic requirement and cannot be bypassed. The contract contains the
names of the people getting married, the names of the people who acted
as witnesses on behalf of the two, the name of the wali of the woman and
the name of the person who carried out the nikah ceremony. This contract
also contains the signatures of all of the above people. The contract
also mentions the amount of mahr (dowry given to the bride) and can also
include any additional conditions which were set at the time of
agreement. These conditions may include anything as long as it does not
go directly against commandments in the Quran or Sunnah.
Sahih Al-Bukhari HadithHadith 3.882 Narrated byUqba
bin Amir Allah's Apostle said, "From among all the conditions which you have
to fulfill, the conditions which make it legal for you to have sexual
relations is the marriage contract which have the greatest right to be
fulfilled."
Requirements of Marriage
First of all both the people wishing to
marry must be of legal consensual age. In Islam this age is from the age
once a person reaches puberty.
Consent from
the man to the marriage Consent from
the woman to the marriage 2 independent
male witnesses from the side of the man (or 2 female witnesses in place
of 1 man) 2 independent
male witnesses from the side of the woman (or 2 female witnesses in
place of 1 man) 2 independent
male witnesses who will witness the marriage ceremony (or 2 female
witnesses in place of 1 man) The wali or
guardian of the woman (incase it is her first time getting married) An imam who
will marry the two or a person who holds the legal jurisdiction to marry
the two The marriage
contract The mahr (it
can be paid later if the woman agrees to it)
Stipulations in Marriage Contract
Hadith - Abu Dawud and AI-Hakim on the authority of Abi hurairah,
Sahih Al- Jami AI-Sayhir, (No. 6714)
Regarding contracts the
Prophet (Peace be upon him) said: The rights are decided by
the conditions.
Ibn Qudaamah (may Allaah have mercy on him) said in his book Al-Mughni
“If he married her on
the condition that he should not make her move from her house or her
city, then this condition is valid, because it was reported that the
Prophet said: ‘The most deserving of
conditions to be fulfilled are those by means of which sexual
intercourse becomes permissible for you.’ If he married her on
the condition that he will not marry another wife, then she has the
right to leave him if he does take another wife.” In conclusion, then,
the conditions of the marriage contract are divided into three types,
one of which must be adhered to, which is of benefit to the wife, such
as her being able to stipulate that he cannot make her move from her
house or city, or travel with him, or take another wife.
He has to adhere to these conditions, and if he does not, then she has
the right to annul the marriage.”
[Al-Mughni by Ibn Qudaamah, part 7, Kitaab al-Nikaah]
Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) was
asked this question and he replied in Al-Fataawa al-Kubra:
“Question: a man married a
woman and she stipulated that he should not take another wife or make
her move from her house, and that she could stay with her mother, so he
married her on this basis. Does he have to adhere to this, and if he
goes against these conditions, does his wife have the right to annul the
marriage or not?
Answer: yes, these
conditions and similar ones are valid according to the madhhab of Imaam
Ahmad and other scholars among the Sahaabah and Taabi’een, such as ‘Umar
ibn al-Khattaab, ‘Amr ibn al-‘Aas, Shurayh al-Qaadi, al-Oozaa’i and
Ishaaq. According to the madhhab of Maalik, the condition states that if
he marries another wife, (the first wife) has the choice of what to do,
and this is a valid condition. The woman has the right to leave him in
this case. This is similar to the idea in the Madhhab of Imaam Ahmad.
The basis for this is the hadeeth narrated by (al-Bukhaari and Muslim)
in al-Saheehayn from the Prophet (peace and blessings of Allaah be upon
him): ‘The most deserving of conditions to be fulfilled are those by
means of which sexual intercourse becomes permissible for you.’ ‘Umar
ibn al-Khattaab said: ‘Rights are in accordance with conditions.’ The
Prophet dictated that the conditions which make sexual intercourse
permissible are more deserving of fulfillment than others. This is the
ruling on conditions of this nature.”
[al-Fataawa al-Kubra, part 3, Kitaab al-Nikaah].
The noted scholar Ibn
'Uthaimeen has stated:
It is the right of the woman
to make stipulations at the writing of the marriage contract as she
wishes and if these stipulations do not contradict Islamic law then the
husband must fulfill them. For example, that he not marry a second wife
and that if he does to dissolve the first marriage. This is not a
problem. However, a new prospective wife cannot stipulate that the first
wife be divorced before he marries her. I must say however that a first
wife should not make such a stipulation that her husband not marry a
second wife. I fear that if a woman makes this stipulation that the
husband will, if he desires to marry a second woman, simply divorce the
first one straight away [i.e. not even give her consideration] and it
would no be to her benefit. Therefore I advise the woman not to make
such a stipulation because this may be a manner by which the husband is
able to follow a good sunnah.
One of the conditions which
often scholars differ on is the right of the woman to ask to be the only
wife (so that the husband does not take another wife if she agrees to
marry him.) The view which supports this right is taken from the
condition which was set by the Prophet Mohammed
during the marriage of his daughter Fatima (ra) to his close companion
Ali (ra). He clearly set the condition that she would be married to Ali
(ra) on the condition that he will not marry any other woman as long as
Fatima (ra) is alive. Ali (ra) agreed to the condition. The scholarly
view which opposes this right is of the opinion that the Prophet
was allowed to set certain conditions with regards to his family since
it was the family of the Prophet.
For example in the Quran it is made unlawful for any Muslim man to marry
any of the wives of the Prophet
since they are the mothers of the believers (umm-ul-momineen).
Malik said, "The custom
among us is that when a man marries a woman, and he makes a condition in
the marriage contract that he will not marry after her, it means nothing unless there is an oath of divorce or
setting-free attached to it. Then it is obliged and required of him."
At the end of it all it is
up to the husband and wife to form a good understanding with one another
and to work things out and honor their promises to one another.
Some Marriage Conditions That Must Not Exist
Any condition which is in
direct contradiction of a commandment of Allah cannot be asked for
wether openly or secretly, some of these include: Not to pray Not to do hajj Not to wear
hijab To drink
alcohol and attend such parties To have
threesomes (in sexual terms) To have anal
sex
Apart from these there are
many others, the above were only mentioned for the sake of examples.
Mahr
The Mahr is a gift given
to the wife at the time of marriage by the husband. It can be something
material, such as money, jewelry, clothes, etc. Or it can even be
something non-material such as knowledge, education, poetry, etc. The
mahr is the right of the woman and it is left to her to ask for what she
wants. If the man wishes to marry her he has to fulfil her term of mahr
and give it to her when they get married. The woman also holds the right
to waive the mahr in part if she so wishes. It is recommended that the
mahr must be asked according to the status of the man you wish to marry.
If the man is rich the woman may ask for a large sum of money or jewelry
or waive it in part if she wishes. If the man is poor it would be a
better choice to ask for something non-material. However this decision
is left entirely up to the woman and there is no sin or blame upon her
with regards to what she asks. The mahr must be asked for even if in the
smallest of sums.
Al-Quran, Chapter 4 An-Nisaa, Verse4
In
the Name of Allah, The Benevolent, The Merciful
And give to the women whom
you marry their Mahr with a good heart, but if they, of
their own good pleasure, remit any part of it to you, take it, and enjoy
it without fear of any harm as Allâh has made it lawful.
Sahih Al-Bukhari HadithHadith
7.47 Narrated byIbn Umar
Allah's Apostle forbade Ash-Shighar, which means that somebody marries his
daughter to somebody else, and the latter marries his daughter to the former
without paying Mahr.
Sahih Al-Bukhari HadithHadith
7.80 Narrated bySahl bin Sad The Prophet said to a man, "Marry, even with (a Mahr equal to) an iron
ring."
The Limit of What can be seen of the Woman Whom One Seeks
to Marry Sheikh Ibn Baz, May Allah have Mercy on
him
Question:
If a
young man proposes marriage to a young lady is it obligatory that he
sees her? Also, is it correct that the young lady uncover her head to
show more of her beauty to her proposing fiance? Please benefit us and
may Allaah benefit you.
Answer:
There
is no harm (in the man seeing her), however it is not obligatory.
Rather, it is recommended that he sees her and she sees him, because the
Prophet (Sallallaahu 'alayhi wa sallam) commanded the one who proposed
marriage to look at the woman. This is because that is better for
causing agreement and harmony between them. So if she uncovers her face
for him, and her hands and her head, there is no harm in that according
to the correct opinion. Some of the people of knowledge have said that
it is sufficient for her to uncover the face and the two hands. However,
the correct opinion is that there is no harm in him seeing her head,
face, hands and feet, based upon the mentioned hadeeth (above).
However, this is not permissible with him being alone with her.
Rather, her father, or brother, or someone else must be with them. This
is because the Prophet (Sallallaahu 'alayhi wa sallam) said, "A man must never be alone with a woman unless
there is someone who is a Mahram with them." (Agreed upon in
Saheeh Al-Bukhaaree and Saheeh Muslim.) He (Sallallaahu 'alayhi wa
sallam) also said, "A man must never be alone with
a woman, for verily the Satan is their third."
[At-Tirmithee and
Ahmad]
Rights over one another
Forbidden Actions
The wife and the husband
may not cause harm upon each other in any way, such as: cursing each others family Cursing at each
other Calling each other
ugly or reviling each other Verbally abusing
each other even if for the tiniest of reasons Physically abusing
each other Insulting each other
because of family or for personal reasons Blackmail
emotionally with the threat of divorce Revoke or transgress
upon each others rights given by Allah Expose each other to
another woman or man Avoid having sexual
intercourse as a means of emotional blackmail
Exclusive rights for a wife include:
The husband may
not take anything of his wife's property of wealth without her
permission or consent The husband may not
have anal sexual intercourse with her The Husband may not
deprive her of food, shelter or clothing The Husband may not
stop his wife if she wishes to go to the mosque The Husband may not
stop his wife from visiting her parents
Exclusive rights for a
husband include:
The wife may not
disobey the husband as long as he does not command her against Islamic
obligations or her rights The wife must
safeguard the household and property of her husband The wife may not make friends with people he does not approve
of.
Al-Quran, Chapter 2 Al-Baqara, Verse
228
In
the Name of Allah, The Benevolent, The Merciful
...And they (women) have
rights similar
to those of their husbands over them to what is reasonable, but men have a degree of
responsibility over them. And Allah is All-Mighty, All-Wise.
Hadith - Al-Tirmidhi, Narrated Amr ibn al-Ahwas al-Jushami
The Prophet said,
"...Listen! You have
your rights upon your wives and they have their rights upon you. Your
right is that they shall not allow anyone you dislike, to trample your
bed and do not permit those whom you dislike to enter your home. Their
right is that you should treat them well in the matter of food and
clothing."
Hadith - Sahih Al-Bukhari 3.189, Narrated Abu Juhaifa
Salman told Abu Ad-Darda',
"Your Lord has a right on you, your soul has a right on you, and your
family has a right on you; so you should give the rights of all those
who has a right on you." Abu Ad-Darda' came to the Prophet and narrated
the whole story. The Prophet said, "Salman has spoken the
truth."
Hadith - Sahih Al-Bukhari 3.501, Narrated Abu Huraira
...The Prophet said,
"The best amongst you
is the one who pays the rights of others generously."
Hadith - Al-Tirmidhi #276, Narrated Amr ibn al-Ahwas al-Jushami
Amr heard the Prophet
say in his farewell address on the eve of his Last Pilgrimage, after he
had glorified and praised Allah, he cautioned his followers: 'Listen!
Follow my advice in treating women gently. This is because they stay
with you restricted. You have no right over anything belonging to them
except that they do not do anything shameful. In that case you leave
them alone on their beds and beat them lightly so that they do not feel
the pain. Then if they obey you do not oppress them. Remember, you have
some rights over your wives, and your wives have some rights over you.
It is your right over them that they do not defile your bed with those
you do not like, and do not let such people as you do not like enter
your house. Remember they have a right over you that you treat them well
in feeding and clothing them. '
[Tirmidhi]
Temporary Marriage
(Mutaa)
Certain sects of Muslims
have unfortunately taken up the practice of the pre-islamic Arabs known
as temporary marriages. There was a tradition amongst the pagan Arabs of
those times to marry for a week or two for convenience, either for
sexual gratification or other objectives. In certain Hadith, Mutaa was
mentioned as being allowed. The reason why it was mentioned as being
allowed at those times is the same as the reason that alcohol was not
forbidden at one time and the head scarf for the women was not
compulsory at one time. Islam brought the Arabs of the middle east out
of the days of ignorance one step at a time. So things were forbidden
one by one, not all at once. However later on it was made clear by the
Prophet Mohammed
that the carrying out of Temporary marriages was now forbidden and all
those people who were now Muslims must stop taking part in such
activities.
Hadith - Malik's Muwatta Book 28, Number 28.18.41:
Yahya related to me from
Malik from Ibn Shihab from Abdullah and Hasan, the sons of Muhammad ibn
Ali ibn Abi Talib from their father, may Allah be pleased with him, that
the Messenger of Allah forbade temporary marriage with women and
the flesh of domestic donkeys on the Day of Khaybar.
Hadith - Malik's Muwatta Book 28, Number 28.18.42
Yahya related to me from
Malik from Ibn Shihab from Urwa ibn az-Zubayr that Khawla ibn Hakim came
to Umar ibn al-Khattab and said, ''Rabia ibn Umayya made a temporary
marriage with a man and she is pregnant by him.'' Umar ibn al-Khattab
went out in dismay dragging his cloak, saying, "This temporary marriage,
had I come across it, I would have ordered stoning and done away with
it! "
From the above Hadith it is
crystal clear that temporary marriages are forbidden, and hold the same
punishment as that of adultery.
Hadith - Muwatta 28.1
Yahya related to me from Malik from
Muhammad ibn Yahya ibn Habban from al-Araj from Abu Hurayra that
the Messenger of Allah said, "Do
not ask for a woman in marriage when another Muslim has already done so."
Words from Sheikh al Albaani may Allah have mercy on him
Words of Advice to the Husband and the Wife
by: Sheikh al Albaani
The husband and wife need to be compliant, cooperative and conciliatory
toward one another, and to advise each other and urge each other toward
obedience to Allah subhana wa ta'ala, following all of His ruling which
have been clearly established in the Qur'an and the Sunnah. These must
never be superseded by blind following of any religious or other
figures, or any custom or school of thought which has predominated among
the people. Allah aza wa jal says
Al-Quran,
Chapter 33 Al-Ahzab, Verse 33-36
In
the Name of Allah, The Benevolent, The Merciful
"It is not for a believer, man or woman, when Allah and
His Messenger have decreed a matter that they should
have any option in their decision. And whoever disobeys
Allah and His Messenger, he has indeed strayed in a
plain error. "
Each of them should fully
carry out the duties and responsibilities with which Allah has obligated
them toward the other...thus, the wife should not try to have all of the
same rights as her husband, and the husband must never exploit the role
of leadership and authority to which he has been assigned in the
marriage relationship to oppress her, strike her or to be otherwise
unfair to her.
Allah said:
Al-Quran,
Chapter 2 Al-Baqara, Verse 228
In
the Name of Allah, The Benevolent, The Merciful
"And women shall have rights similar to the rights
against them, according to what is equitable; but men
have a degree of advantage over them. And Allah is
Exalted in Power, Wise.
Allah also said
Al-Quran,
Chapter 4 An-Nisaa, Verse 34
In
the Name of Allah, The Benevolent, The Merciful
"Men are the
protectors and maintainers of women, because Allâh has made one of them
to excel the other, and because they spend (to support them) from their
means. Therefore the righteous women are devoutly obedient (to Allâh and
to their husbands), and guard in the husband's absence what Allâh orders
them to guard (e.g. their chastity, their husband's property, etc.). As
to those women on whose part you see illconduct, admonish them (first),
(next), refuse to share their beds, (and last) beat them (lightly), but if they return to obedience, seek not against them means
(of annoyance). Surely, Allâh is Ever Most High, Most Great. "
Mu'awiya ibn Haida radi
Allahu anhu said "O rasulullah, what rights do our wives have over us?"
Prophet Mohammed said "That you should feed them as
you feed yourselves, clothe them as you clothe yourselves, never invoke
ugliness upon them, (referring to the custom of the Arabs when they are
angry they say 'May Allah make your face ugly) never strike them in the
face, and in boycotting the marital bed, do not go outside of the house
to sleep. How (could you do any of these things) after you have entered
into one another, so do only that which is allowed with regard to her
(for valid reasons). [ahmed/sahih]
In another Hadith Prophet
Mohammed said "The
doers of justice will be on thrones of light at Allah's right Hand and
both of Allah's hands are right hands- whose who were just in their
ruling, with their families and in all that over which there were given
authority."
[Muslim]
When they both know and
practice this, Allah subhana wa ta'ala grants them a good life and they
will live for as long as they remain together- in the bliss of
happiness. Allah said:
Al-Quran,
Chapter 14 Ibrahim, Verse 1
In
the Name of Allah, The Benevolent, The Merciful
Alif Lam Ra.
A Book which We have revealed unto thee in order that
thou mightest lead mankind out of the depths of darkness
into light by the leave of their Lord to the Way of Him
Exalted in Power Worthy of all Praise!
"Whoever
works righteousness, man or woman, and has Faith, verily, to him will We
give a new Life, a life that is good and pure, and We will bestow on
such their reward according to the best of their actions." [an nahl:97]
A Poor Pious Man is a Better Marriage Suitor
than a Rich Man Who is Not Pious
Hadith - Bukhari 7.28, Narrated Sahl
A man passed by Allah's
Apostle and Allah's Apostle asked (his companions) "What do you say
about this (man)?" They replied, "If he asks for a lady's hand, he ought
to be given her in marriage; and if he intercedes (for someone) his
intercessor should be accepted; and if he speaks, he should be listened
to." Allah's Apostle kept silent, and then a man from among the poor
Muslims passed by, an Allah's Apostle asked (them) "What do you say
about this man?" They replied, "If he asks for a lady's hand in marriage
he does not deserve to be married, and he intercedes (for someone), his
intercession should not be accepted; And if he speaks, he should not be
listened to." Allah's Apostle
corrected the companions and said, "This poor man is better
than so many of the first as filling the earth."
Hadith - Al-Tirmidhi #3090, Narrated Abu Hurairah, r.a.
Allah's Messenger (peace be
upon him) said, 'When someone with whose religion and character you are
satisfied asks your daughter in marriage, accede to his request. If you
do not do so, there will be temptation on Earth and extensive
corruption.'
[Tirmidhi,
Nasa'i and Ibn Majah]
Prohibition on physically
harming your spouse
Unfortunately there is a
very large misconception held by many non-Muslims that a husband is
allowed to beat his wife in Islam. However this is completely incorrect!
There is a prohibition as to beating your wife, and the way the Quran
states this is evident from the scenario in the following verse. In the
verse we are told of a man whose wife is indulging in ill-conduct and
being disloyal to him. Obviously this would make any husband very
angry and he may even want to divorce his wife. However Islam
discourages divorce and recommends it only as a last course of action.
Below in red, along side the verses (in blue) is the scenario being
described as it unfolds (to explain the verse better):
Chapter 4 An-Nisaa Verse 34
Men are the protectors and maintainers of women because Allah has given
the one more strength than the other and because they support them from
their means.
(Men have been naturally endowed a stronger
physical structure so it has been made their primary duty to provide for
the family by going out into the world and seeking livelihood, this is a
duty they cannot abandon for any reason)
Therefore the righteous women are devoutly
obedient and guard in the husband's absence what Allah would have them
guard.
(Thus a wife is required to stay loyal to her
partner and not commit adultery)
As to those women on whose part ye fear disloyalty
and ill-conduct warn them first
(Here we encounter the example of a wife who is
being disloyal or indulging in ill-conduct, the first recommendation to
try and get her to stop being disloyal is to talk to her about it,
warning her and telling her about the great sin involved)
Next refuse to share their beds
(If the wife refuses to listen even after you talk
to them then stop sleeping with them, Obviously if she does love her
husband, she would be highly concerned at this point. However if she
doesn't care for him or love him, she wont care and as a result this
will only make the man angrier)
And last hit them lightly But if they return to obedience seek not against them means
of annoyance: for Allah is Most High Great above you all.
(At this stage
the man is Obviously extremely angry at his wife for being disloyal
and doing ill-conduct and may revert to physical violence, so Islam puts
a prohibition even in this mans state of extreme anger, this is best
described by the words of the Prophet:
Listen! Follow my advice in treating women gently. This is because
they stay with you restricted. You have no right over anything belonging
to them except that they do not do anything shameful. In that case you
leave them alone on their beds and beat them lightly so that they do not
feel the pain. Then if they obey you do not oppress them. Remember, you
have some rights over your wives, and your wives have some rights over
you. It is your right over them that they do not defile your bed, and do not let such people as you do not like
enter your house. Remember they have a right over you that you treat
them well in feeding and clothing them.
(Ibn Majah, Tirmizi)
So even if the husband is enraged and his
wife does not listen to him nor cares weather he sleeps with her or not,
even then the maximum the man can do with regards to physical action it
to hit his wife in such a way that it neither leaves marks on her nor
does it cause any pain. This particular verse in the Quran is often
misinterpreted by non-Muslims because it is actually addressing a human
reality. Spousal abuse takes place in all parts of the world, weather it
is Pakistan or Canada or America or Japan. God knows the nature of men
to be physically violent when angry, that is why the maximum He has
allowed, even in the worst anger fits, is for the man to beat his wife
in such a way that she doesn't feel any pain. And beating someone
without inflicting pain or physical injury is equivalent to not beating
them at all.
More evidence of this is
found in the story of a companion of the Prophet who once got very angry
at his wife because she was being disloyal. So he broke the smallest
twig from a tree and tapped his wife on the arm with it to show how
displeased he was. The Prophet
said, "Does not that man amongst you feel ashamed that he beats his wife
in the early part of the day and the very same day sleeps with her
having sexual intercourse? Is he not ashamed of himself?"
(Tirmizi)
In another narration the Prophet Mohammed
said, "Such people who beat their wives are not the best amongst you"
(Abu Dawood).
Yet in another narration the Prophet Mohammed
said, "I do not like it that I should see anyone with swollen veins of
his neck, standing over his wife beating her."
The Prophet Mohammed
delivered the message of God to humanity: The Quran. IF the Quran
supported spousal abuse then why would the Prophet be denouncing it? The
message is very clear in Islam, a husband may not inflict physical harm
upon his wife in any way and the wife may also not physically harm him.
Marriage is for mutual co-operation and co-existence, thus both spouses
must show love, tolerance, understanding and care for one another. The
Prophet Mohammed
was known for his gentleness with all people including his wives, he
said, "The best amongst you is the one who shows kindness and is gentle
with the members of his household." Therefore it should be very clear
that Islam does not support spousal abuse in any form.