Wife beating is not a Qur’anic argument
(Righteous wives are devout and guard what God would have them guard in their husband’s absence. If you fear high-handedness from your wives, remind them [of the teachings of God], then ignore them when you go to bed, then hit them. If they obey you, you have no right to act against them: God is most high and great.) (Q. 4:34)
(ٱلرِّجَالُ قَوَّٰمُونَ عَلَى ٱلنِّسَآءِ بِمَا فَضَّلَ ٱللَّهُ بَعْضَهُمْ عَلَىٰ بَعْضٍۢ وَبِمَآ أَنفَقُوا۟ مِنْ أَمْوَٰلِهِمْ ۚ فَٱلصَّـٰلِحَـٰتُ قَـٰنِتَـٰتٌ حَـٰفِظَـٰتٌۭ لِّلْغَيْبِ بِمَا حَفِظَ ٱللَّهُ ۚ وَٱلَّـٰتِى تَخَافُونَ نُشُوزَهُنَّ فَعِظُوهُنَّ وَٱهْجُرُوهُنَّ فِى ٱلْمَضَاجِعِ وَٱضْرِبُوهُنَّ ۖ فَإِنْ أَطَعْنَكُمْ فَلَا تَبْغُوا۟ عَلَيْهِنَّ سَبِيلًا ۗ إِنَّ ٱللَّهَ كَانَ عَلِيًّۭا كَبِيرًۭا)
This verse as commonly understood provides a justification for the abuse of women’s rights in marriage, and is problematic, if not entirely irreconcilable, with the Qur’an. This verse does not, in fact, address men with recommendations concerning the way they should treat disobedient wives. Rather, the verse addresses the community with ways to punish female criminals who violate laws. The three recommendations start by reminding them, then arresting them (in their own houses) and finally beating them when nothing else works. (Q. 4:34) is not related to the resolution of marriage conflicts. Some relevant observations can help.
· Translating (rijal) in 4:34 as (husbands) is based on an interpretive linguistic choice. Literally (rijal) means (men).
· Translating (nisa’) as (wives)is based on an interpretive meaning and should be replaced by the literal meaning which is (women).
· Unlike (Q.4:128) which makes an explicit reference to words like (husband) the term (nushūz) in (Q. 4:34) does not refer here to marital disobedience, but to any act that could be described as different or not fitting (in marriage or outside marriage). The real general meaning of (nushūz) can be found only in (Q.58:11). A behavior that best to be described as different (standing up while everyone are not).
· Withholding sex as a punishment that husbands can use to solve marital problems contradicts the human nature (men demand sex more) and contradicts the prohibition in the Qur’an of using sex as a marital punishment. See more on (Ẓihar) in (Q. 58:1-4).
· The verse is not even addressed to husbands but to the community of believers as it is explicitly mentioned in the Qur’an. The uninterrupted dialogue begins at (Q.4:29), with the addressee as “You who believe,” Not only (Q. 4:29) is addressed to the community of believers and not to husbands, also (Q. 4:35) is addressed to the community of believers with ways to intervene to solve martial conflicts. If the preceding and the following verses are addressing the community of believers, then (Q. 4:34) should also be addressing the community of believers.
· The traditional interpretation of (Q. 4:34) contradicts the way the Qur’an describes marriage as based on love and care. It contradicts (ma‘rūf )rule in treating wives mentioned in (Q.4:19) and the rest of the Qur’an.
· The traditional interpretation of (Q. 4:34) contradicts the reported behavior of the Prophet who never applied any of the 3 recommendations to any of his wives.
· The word (maḍaj‘) is a reference to bedrooms and not beds. It stands for placing female criminals in house arrest and not for withholding sex. Women who violate laws can be placed at house arrest. At the time, it was the norm to imprison wrongdoers inside their homes. In addition, in the Qur’an, women are treated as a delicate social category, a group that has certain vulnerabilities and therefore requires protections that cannot be ensured if they are grouped with men. The community was recommended to place women in house arrest instead of sending them to public prisons.
· (Q. 4:34) provides a list of punishments consistent with the legal punishments the Qur’an suggest in other places. The Qur’an suggests in (Q. 4:34) placing criminal women at house arrest. The same punishment is plausible since in (Q. 4:15) the Qur’an suggests a lifetime house arrest for women involved in publicly witnessed lewd acts. The same argument applies to beating as another suggested legal punishment for female criminals in (Q. 4:34); this punishment is also consistent with the system of Qur’anic punishments. For example, the Qur’an approves of beating as an act of punishment for publicly witnessed adultery as we read in (Q.24:2).
At this point, I would suggest a new translation of (Q.4:34), along with this new interpretation,
(Men are the financial guardians of women, those men whom God has favored some of them to others, and those who spend from their money. Righteous women are devout, they guard what God asked to be guarded, even when [they are] unseen. Those women among you [believers] whom you fear recalcitrance, admonish them, and place them in house arrest, and strike them. If they obey you seek no more correction. God is most high and great.) (4:34)
Stop wife beating in the name of Islam!
For more see
Decoding the Egalitarianism of the Qur'an: Retrieving Lost Voices on Gender (Lexington Studies in Islamic Thought) Paperback – November 19, 2021
https://www.amazon.com/Decoding-Egalitarianism-Quran-Retrieving-Lexington/dp/1793609896