Mag een man zijn vrouw slaan? (islamitisch recht)

By | 19/02/2019

Informatieve samenvatting (abstract) van een wetenschappelijk artikel van dr. Abdul Hamid Abi Suleiman (International Islamic University Malaysia) — DOI: 10.13140/RG.2.2.17890.22728. – artikel zelf in Arabisch.

This paper aims at studying the extent to which a man has the right to beat his disobedient wife in Islamic jurisprudence.

The word Al-Ḍarb (الضرب) in Arabic language has different literal meanings according to the context in which it is used. In this case, this paper is attempts to study the perspectives of Abu Sulayman on the meaning of beating (Al-Ḍarb) in the Quranic text by studying his book Ḍarb al-Mar’ah: wasīlah lihalli al-khilāfāt al-Zawjiyyah. The researcher used the critical analysis method in studying Abu Sulayman’s perspective on the meaning of beating (Al-Ḍarb). The research is concluded with a number of results, the most important of which is illustrated in the definition of beating (el-Ḍarb) as explained in the Qur’anic texts. In the Qur’anic texts, el-Ḍarb means a touch or slight hitting. However, the permission given to the husband to beat his disobedient wife is bound by the interest which is accompanied by other mandate provisions (al-Ahakām el-taklīfiyyah). Therefore, despite the licitness of beating, it can as well be undesirable or forbidden. The research has also figured out that the government is authorized to restrict or prevent such permissibility if it considers and sees that it does not achieve the objectives of Shari’ah for which it was enacted.

Keywords: Beating- Disobedient wife- Islamic jurisprudence- Abdul Hamid Abu Sulayman.