Fatwa #388525 July 2002Canada
Is it halal to use corporal punishment to chatise my wife for wearing make-up and scanty western garb?
Answer
THE HUSBAND - RULER OF THE HOUSE%0D%0AJust as a nation requires a suitable ruler for the proper and efficient%0D%0Afunctioning of the affairs of the society, the house unit too requires a%0D%0Asuitable ruler for the proper and efficient functioning of the affairs of%0D%0Athe house. The Qur'an and Ah%E3dith are replete with the appointment of the%0D%0Ahusband as the ruler of the house.%0D%0A%0D%0AHowever, it is essential that the husband understand that along with this%0D%0Aappointment follows many responsibilities. This appointment as a ruler is%0D%0Anot a license to misdirect authority and oppress the wife.%0D%0A%0D%0AFEAR FOR ALLAH%0D%0AThe husband must understand that before he is committed to his wife, he is%0D%0Afirst committed to Allah Ta%E1la. We believe in the concept of accountability%0D%0Aafter death. The husband must constantly be conscious of standing before the%0D%0ACourt of Allah Ta%E1la and giving an account to Allah of his dealings with his%0D%0Awife.%0D%0A%0D%0ANATURE OF THE WOMAN%0D%0A%C7%D3%CA%E6%D5%E6%C7 %C8%C7%E1%E4%D3%C7%C1%CE%ED%D1%C7 %DD%C7 %E4%E5%E4 %CE%E1%DE%E4 %E3%E4 %D6%E1%DA%0D%0AThis Hadith indicates that a woman has shortcomings by nature.%0D%0A%0D%0A1 It is the nature of a woman to make great materialistic demands.%0D%0A%0D%0A2 She nags for her demands.%0D%0A%0D%0A3 She is obstinate.%0D%0A%0D%0AAlthough the Hadith is indicative to her shortcomings, the husband is%0D%0Aindirectly addressed to condition the brain and attitude to be tolerant and%0D%0Aaccept the shortcomings as her natural instinct.%0D%0A%0D%0ATOLERANCE : CONTAINING ONESELF.%0D%0AIt is obvious that the husband gets affected with situations adverse to his%0D%0Anature. He gets angry. Rasulullah (() has guided us to adopt some measures%0D%0Ato suppress the anger. If the angry person is standing, he must sit down.%0D%0AIf he is still angry, he must lie down.%0D%0A%0D%0AA strong person is he who contains his anger. Rasulullah (SAW) said,%0D%0A"Whosoever swallows his anger whilst he is able to exercise it, Allah Ta%E1la%0D%0Afills his heart with peace".%0D%0A%0D%0AINCIDENTS%0D%0AHadhrat Umar (Radhialaahu Anhu)'s wife once told him, 'I know you go around%0D%0Athe streets of Medinah on the pretext of inspection but your motive is to%0D%0Asee the young girls'.%0D%0A%0D%0AThis statement is sure to aggravate Hadhrat Umar (Radhiallaahu Anhu) but he%0D%0Acontained himself and said, 'Allah knows best my intentions'.%0D%0AOne pious person saw his friend in his dream after he died. He asked his%0D%0Afriend, 'How did Allah deal with you'. He said, 'Once I was tired and hungry%0D%0Aand when I came home my wife dished out rice. The rice did not have salt in%0D%0Ait. Although I was upset and angry, I contained myself. I did not express my%0D%0Aanger on my wife. Upon this tolerance Allah Ta%E1la forgave me'.%0D%0A%0D%0AIf a person has his daughter married, he would like his son-in-law to be%0D%0Atolerant to his daughter's shortcomings. So too should one be towards his%0D%0Aown wife's shortcomings.%0D%0A%0D%0AOne should think, I am so sinful to Allah Ta%E1la, yet Allah is so tolerant%0D%0Aand kind. He did not punish me for my sins. Despite my sins, he feeds me and%0D%0Aclothes me. The husband must compare his shortcomings in fulfilling the%0D%0Arights of Allah Ta%E1la with the shortcomings of his wife in fulfilling his%0D%0Arights. This will help him to understand that he is comparatively weaker in%0D%0Afulfilling his rights to Allah Ta%E1la than his wife to him.%0D%0A%0D%0ATALAAQ%0D%0ARasulullah (SAW) said, "Amongst permissible things, the most disliked is%0D%0Adivorce"%0D%0A%C7%E4 %C7%C8%DB%D6 %C7%E1%E3%C8%C7%CD%C7%CA %DA%E4%CF%C7%E1%E1%E5 %C7%E1%D8%E1%C7%DE%0D%0AHusbands must understand that Talaaq is like a gun. A slight squeeze of the%0D%0Atrigger is enough. A word of divorce, thus the termination of the Nikah. It%0D%0Amust never be used just to threaten the wife.%0D%0A%0D%0AEvery husband and wife have some misunderstandings. However, threats of%0D%0ATalaq must not be used to silence her.%0D%0A%0D%0AThe husband must apply a dignified method to explain and pacify the%0D%0Asituation.%0D%0A%0D%0AMASAAIL ON TALAAQ%0D%0AWords - Ruling%0D%0ADistinct - Raj%EDee%0D%0AAmbigious - Ba%E1in%0D%0A%0D%0AExplain the implications of Raj%EDee and Ba%E1in.%0D%0AHowever, if 3 Talaaqs are given, it is not irrevocable. Discourage the%0D%0Agiving of Talaaq.%0D%0A%0D%0AREFORM%0D%0A%0D%0AAllah says, "Advise them (the women) and leave them (in sleeping with them)%0D%0Aand hit them"%0D%0AThe verse clearly indicates that there should be a reformation process.%0D%0A%0D%0A1st Advise - Make up her mind - condition her to be obedient.%0D%0A%0D%0A2nd Advise - If she is still rebellious then separate beds.%0D%0A%0D%0A3rd Advise - If she still disobeys then within very specific and distinct%0D%0Ameasures he is given permission to lightly discipline her.%0D%0A%0D%0ASuch using of force is just to jolt her to obey. Physical abuse to satisfy%0D%0Athe anger is Haraam.%0D%0A%0D%0ARIGHTS OF WIFE%0D%0AFeeding%0D%0A%0D%0AClothing%0D%0A%0D%0AShelter (Surah Talaaq Vs. 6)%0D%0A%0D%0AGenerally, many marriages break up because of the husband not fulfilling the%0D%0Arights of the wife. - Elaborate and speak on husbands being adequately%0D%0Agenerous.%0D%0A%0D%0AIN-LAWS%0D%0AMarriage is a matter of giving and taking beyond principles. Sacrifice makes%0D%0Aa happy home.%0D%0A%0D%0AHusband must respect his in-laws and vice versa. However, in many cases -%0D%0Aeither of the spouses, one is not familiar with the in-laws and interference%0D%0Afrom in-laws causes a bitterness in the marriage. In order to avoid external%0D%0Ainterference between the spouses, the Shariah has stipulated as a precaution%0D%0Athat:%0D%0A%0D%0A1 the wife has a right for A SEPARATE QUARTERS to maintain her privacy;%0D%0A2 the husband cannot compel the wife to stay with his parents. Yes, if she%0D%0Aconsents on her own without pressure, then it is her choice; and%0D%0A3 the husband too can stop his in-laws from coming into his house.%0D%0A%0D%0A"The Prophet (SAW) said during 'Hajjatul Wid%E3%E1' "Fear Allah about women, for%0D%0Averily you have taken them with the trust of Allah Ta%E1la."%0D%0A%0D%0AHahrath Moulana Saheb, this is only a brief guideline.%0D%0A%0D%0AThe end