29 August 2013

Wife Beating : Sharia Law

PART 1:

Quran doesn't say that "the husband can beat his wife if he wants" or "the husband should beat his wife regularly to keep her obedient to him". Quran says the husband can beat his wife as a last resort in the worst case scenario. Quran also says that the husband might get 80 leashes if his wife sues him in the court for beating her. What is the worst case scenario for a husband? The worst case scenario for a husband is if his wife cheats on him with other men. What is the last resort? Beating adulteress wife.

"[The] men (are) protectors of the women because (has) bestowed God some of them over others and because they spend from their wealth. So the righteous women (are) obedient (to God) guarding in the secrets (their private parts) that which (orders) them to guard (by) God.* And those (from) whom you fear their ill-conduct then advise them, and forsake them in the bed and [finally] strike them. Then if they obey your (advice) then (do) not seek against them a way. Indeed, God is Most High, Most Great." [The word by word translation of the Glorious Qur'an 4:34]

*The Glorious Qur'an 24:31 -- "And say to the believing women that they cast down their looks and guard their private parts..."

According to Qur'an 4:34, there are three consecutive steps a husband have to follow to reform her wife --
First step: Advise her. (Go to second step if wife doesn't reform herself)
Second step: Stop having intercourse with her. (Go to third step if wife doesn't reform herself)
Third step (Last resort): Beat adulteress wife. (At this point, two things can happen. (1) Wife will reform herself (2) Wife will sue her husband if she thinks she is innocent)


PART 2:

Whenever a husband beats his wife, what his wife does? She usually complains to the judge. A wife is allowed to complain against her husband in the court for suspecting her of adultery and beating her. A wife is also allowed to ask for divorce if she gets beaten up. Once a woman complained to Prophet Muhammad (sw) against her husband for beating her and asked for divorce. Prophet Muhammad (sw) denied to accept her request for divorce and told her to get back to her husband. Then God revealed 4:34 and:35 giving beaten wives right to have a fair trial and ask for divorce.

"And if ye (O Prophet) fear a breach between them twain (the husband and wife), appoint an arbiter from his folk and an arbiter from her folk. If they desire amendment God will make them of one mind. Lo! God is ever Knower, Aware." [The Glorious Qur'an 4:34]

"A women complained to Muhammad that her husband slapped her on the face, (which was still marked by the slap). At first the prophet said to her: "Get even with him", but then added: "Wait until I think about it". Later on, Allah supposedly revealed 4:34 to Muhammad, after which the prophet said: "We wanted one thing but God wanted another, and what God wanted is best." ("Beyond the Veil", available from VOM, 918-337-8015)

Qur'an 4:34 and 4:35 are very significant. These verses show that the woman who complained to Prophet have right to divorce her husband (to leave her husband). Also, the verses show that her husband has no right to beat her expect if she is unfaithful. In pre-Islamic Arabia, women did not have right to sue or divorce their husbands but husbands had right to divorce their wives. In pre-Islamic Arabia, a husband was even allowed to kill his wife. Islam gave both husbands and wives equal rights. Qur'an says-"And they (women) have rights similar to those of men over them in a just manner." [2:228]


PART 3:

When a wife sues her husband in the court, the judge appoints lawyers for both sides. In the trial, husband must prove that he beat his wife because she committed adultery (did not guard her private parts) in his absence**. To prove it, the husband must present 4 witnesses. If the husband beat his wife out of suspicion rather than having certain proof of her ill conduct, it is more likely he would lose the trial because suspicion is not a proof in front of the court.

If husband's lawyer can prove that her wife committed adultery, the husband would be free from the charge for beating his wife. But if the husband fails to prove his wife guilty, the husband and his 4 witnesses must be flogged eighty lashes each. And, the judge will never accept their testimony in future as they are considered sinful. Also, wife can divorce her husband, if she wishes.

**[Qur'an 24:04] "Those who accuse married women of committing adultery - but are not able to prove their accusation by producing four witnesses - must be flogged eighty lashes. Never accept their testimony thereafter because they are sinful."

PART 4:

What does Bible says about adulteress wife? Bible gives stone to death penalty on an adulteress wife. (Deuteronomy 22:20)


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