چکیده:
Disciplining a wife in the event of nusuz (disobedience), based on verse 34 of Surah An-Nisa and narrations from the Infallibles ((as)), is a legitimate matter. According to Quranic and traditional foundations and the opinions of jurists of Islamic schools, the nusuz mentioned in this verse only includes disobedience regarding sexual enjoyment of the husband. To remedy the wife's nusuz, observing the sequence of admonition, desertion, and striking is necessary. Striking for the purpose of discipline must not reach the minimum amount of arsh or diyah (compensation). Given these restrictions and conditions, it can be said that this verse, rather than seeking to legitimize domestic violence, actually aims to limit violence against women. Therefore, the aforementioned verse is the golden rule for denying violence against women in the Quran. In the criminal laws of Islamic countries, three approaches can be observed in this regard: some countries explicitly consider it legitimate and do not deem it a crime; others have accepted it implicitly. The laws of some other countries, such as Iran, are silent on this issue. Nevertheless, since all the aforementioned laws have accepted this right based on Sharia, from the perspective of legal experts in these countries, adherence to Sharia limits by the husband is considered necessary. Given the presented restrictions and conditions, which make the disciplining of a wife very limited, narrow, and different from cases such as disciplining a child, the silence of Iranian law is the best stance. In the event that the husband exceeds these limits, in addition to creating criminal liability and conviction to qisas or diyah as the case may be, it can serve as grounds for the wife to request divorce based on hardship and distress (usr wa haraj).
خلاصه ماشینی:
An Analysis of the Evidences for Disciplining a Disobedient Wife in Comparative Jurisprudence and the Laws of Islamic Countries Mohammad Sahraei Ardakani 1 Seyyed Mohsen Aziz 2 Seyyed Mohammad Razavi 3 Seyyed Ali Razavi 4 Abstract Disciplining a wife in the event of nushuz (disobedience), based on verse 34 of Surah An-Nisa and narrations from the Infallibles((a)), is a legitimate matter.
In this article, the author addresses the explanation of the concept of the relevant verse from the perspective of the commentators of Islamic schools of thought and concludes that physical punishment of a woman does not conflict with her human dignity; because the wife and husband are committed to each other, and the aforementioned ruling of physical punishment is only a necessary prescription for very specific periods, namely women's nushuz and special circumstances.
Among these, based on Quranic teachings and jurisprudential foundations, in cases where a woman refrains from performing her religious duties, for the purpose of reforming her, advice, desertion (hajr), or disciplining the wife by the husband has been considered permissible.
219) In Sunni jurisprudence as well, based on the aforementioned verse and traditions, the permissibility of striking the wife for the purpose of discipline in the event of nushuz is accepted by jurists (Nawawi, 1407, Vol. 8, p.
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