Evo i objasnjenja...
"Beat them". If even separation fails to work, then it is suggested that men use beating. To this suggestion of the Holy Qur'an there have been two extreme reactions on the part of some Muslims. The first reaction is being apologetic or ashamed of the suggestion. The second is to use it as a justification for indulging in habitual wife battering. Needless to say that both these reactions are wrong. The Quran as we believe is the word of God and is thus every word in it is full of wisdom and love. To be apologetic about any part of the Quran is to lack both knowledge and faith. As for the second response, the suggestion to use beating is made specifically to deal with nushuz on the part of the wife, that is, to deal with her deliberately nasty behaviour that poses a threat to the marriage. Beating is to be done after due admonition and separation in beds and therefore by husbands who have some moral standards and have sufficient control over their sexual passions. Moreover, this beating is not to go on and on but is to be tried as a last step to save the marriage. Once it is clear that it is not working it is to be abandoned in favour of some other steps involving relatives of the husband and the wife mentioned in the next verse (4:35). There is therefore, absolutely no license here for the type of regular and continual wife beating that goes on in some homes, where each time the husband is angry with his wife or with someone else he turns against her and beats her up. In most such cases, the husband has no moral superiority over the wife: the only rule of Shariah that he cares about is this suggestion about beating. He also does not have the kind of control over his sexual passions needed to separate the wife in bed and often beats her the day before or the day after making love to her, an action specifically condemned by the Prophet. (4)
In regard to the suggestion about beating, the following further points should also be noted:
a) According to some traditions the Prophet said in his famous and well-attended speech on the occasion of his farewell pilgrimage that the beating done according to the present verse should be ghayr mubarrih, i.e. in such a way that it should not cause injury, bruise or serious hurt. On this basis some scholars like Tabari and Razi say even that it should be largely symbolic and should be administered "with a folded scarf" or "with a miswak or some such thing". However, to be effective in its purpose of shaking the wife out of her nasty mood it is important that it should provide an energetic demonstration of the anger, frustration and love of the husband. In other words, it should neither seriously hurt the wife nor reduce it to a set of meaningless motions devoid of emotions.
b) The wife has no religious obligation to take the beating. She can ask for and get divorce any time. The suggestion applies only in the case when the husband is seriously disturbed by a prolonged nasty behaviour on the part of the wife but neither he nor the wife is as yet seriously thinking of breaking up.
c) If the husband beats a wife without respecting the limits set down by the Quran and Hadith, then she can take him to court and if ruled in favor has the right to apply the law of retaliation and beat the husband as he beat her.
d) Some fuqaha (Muslim jurists) are of the opinion that beating is permissible but not advisable. They base their view on the fact that the Prophet intensely disliked the action. But to say that beating is only permissible but never advisable is to say that there is never any good in it but the husband can nevertheless resort to it if he wants to; in other words he can beat up his wife without any good reason. This, however, is a view that cannot possibly be attributed to the Book of God. We can expect the Holy Qur'an to mention beating only if there was some wisdom in that mention. Now there are two possible points of wisdom in the mention. First, the beating done within the limits defined by the Qur'an may indeed bring the husband and wife to some kind of understanding. This is not because of the pain involved, which in any case cannot be too much if the guidance in the Quran and Hadith are to be observed. Rather, the husband and wife may come closer together after beating because of the emotions involved. The wife may experience the depth of hurt and disturbance her nushuz is causing and if there is any love left among them may decide for that reason to change her conduct. It seems from observations of human behaviour know that a show of male physical energy can sometimes bring a woman out of a prolonged bad mood (5) even though this energy may be seemingly directed against her in the form of angry words or a slap, provided in this manifestation of energy there is an undercurrent of love and desire for the woman and no real harm is done to the woman. In the situation with which the present verse is dealing, it is understood that in his heart the husband does have some love and desire for the wife. For, he has the option of divorcing her but he is not taking that option. Of course, there are husbands who neither love their wives nor divorce them, but keep them to punish them or exploit them. But we are not dealing with this situation here, since the assumption is that ill-will (nushuz) is from the wife's side. As for the argument that the Prophet intensely disliked beating, we can say that his intense dislike was for the type of beating done outside the limits set down by God. Second, the mention of beating may have the wisdom, ironically, to protect wives against what is called wife battering. The Quran does not always combat undesirable behavior by legal prohibition but by some other means. Experience also shows that legal prohibition of an action may not always be the most effective method to stop it. The Quran by requiring that before any beating there should be admonishing and separation of beds is providing a more effective measure against wife battering, since battering is the result of uncontrollable anger or aggression and this anger or aggression can be tamed during admonishing and separation of beds. No statistics exist, but I feel confident that if we research the behavior of men in different religious groups over a long enough period and a vast enough area of the globe, we will find that the incidents of cases of wife battering and other forms of cruelty to women have been less, both in terms of numbers and seriousness, among Muslims than in other groups.
