However...

However, if we take daraba here to mean “striking”, and we assume that the Qur’an requires that in such circumstances, the man should compel his wife to resume her duties and responsibilities by raising his hand to her, so that she comes back to her senses, then acting on this interpretation will probably have an adverse effect for the reasons discussed below: 1.

The books of jurisprudence state that the slightest physical violence towards one’s wife, if it bruises her skin, carries a penalty ( diya ) and such an act of chastisement is not permitted for the man for any reason. On the other hand, it is doubtful whether a lighter or soft blow may have any effect in chastising a rebellious wife and causing her to alter her behaviour; in fact it is highly unlikely that such an act would resolve anything.

In cases of nushuz , the jurists are more concerned with (legislating for) the action of the man with regards to stopping the maintenance of his wife and not the matter of beating or physical chastisement.

As a rule, jurists have not made a thorough examination of the issue of beating, rather they have focused on its secondary details; such as the number and frequency of blows, the circumstances under which the perpetrator is excused from having to pay the penalty or blood-money ( diya ), or if the woman displays her fractious behaviour continually and every day, how many times may the man resort to hitting her, and for how long such violence is permitted, etc.

These questions need to be discussed in detail but even a lengthy examination may not be able address all the issues that arise in this regard. 2. Usually physical discipline will only push a woman into a position of bitterness and animosity, especially when she realizes that the husband has used his last resort and can do no more to stop her; at this time she may feel there is nothing more he can direct at her. 3.

Any physical action will usually result in an adverse reaction, and may drive the woman to become even more entrenched and resolute in her misbehaviour. This is especially the case especially for women who have a quarrelsome nature and who are more prone to antagonism than women of a calmer and more level-headed temperament.

Therefore, the use of punishment and force on this type of women will only harden their obstinacy, sometimes leading to a loss of control on both sides with unpredictable results.