In der Moschee by Carl Friedrich Heinrich Werner (d. 1894)
In this essay, I present a plausible framework in which traditional scholarly interpretations of 4:34 can be considered correct without this becoming support for violence against women. I argue that the error has not been in understanding 4:34 but in scholarly efforts to justify it. There is a new line of justification that has so far been largely ignored and not taken to its conclusion.
Islam is often called a misogynistic religion. But if one checks out traditional works of Quranic exgesis, one finds a striking phenomenon: almost every scholar who has tried to interpret verse 4:34, in which a man is given the right to strike his wife in certain circumstances, has been at pains to place restrictions on it, as Karen Bauer discovered in her study of the historical Islamic sources on this issue. There were no feminists in the 8th century pressuring these scholars to be politically correct. We are talking about a time when the Viking campaigns of rape and plunder against the rest of the world were just starting to take off (and would continue for the next three centuries). What was making these men of those “Dark Ages” so sensitive toward women’s rights? I would argue that it was because they were humans taught by Islam to see women as fellow humans, and a chief feature of the human psyche is empathy when this empathy is not blocked due to the dehumanization of others. They had mothers, sisters, daughters and wives and did not like the thought of these loved humans suffering oppression and injustice.
Be that as it may, an uninformed reader who picks up an ancient Islamic text expecting to read things like “beat your wives, they are your property anyway” will be highly disappointed to find the depths and nuances of the Islamic discussions of the issue. Those who study Islam closely, the most important group being Western, non-Muslim scholars of Islam, are forced, often against their expectations, to respect it more the more they learn about it.
Like the scholars of ancient times, and like Prophet Muhammad himself (as will be seen), many Muslims feel uncomfortable with verse 4:34 of the Quran. It is difficult to find a balanced and holistic interpretation that does not either defend wife-beating or that does not nullify the verse completely. This essay attempts to provide such an answer; taking the traditional meaning of the verse seriously while explaining how it fits within a modern society in which violence against women is rare and taboo (as it should be). To begin addressing the issue, the first principle we can state on this matter is this:
There is no such thing as humanely striking a woman.
Contemporary Islamic scholars who wish to defend 4:34, such as Yusuf al-Qaradawi, often mention that there are various restrictions in Islamic law on the way a man can strike a woman, as if this somehow justifies it. It does not. What needs to be answered is why the Quran allows any form of striking at all.
Let’s now take a look at verse 4:34:
Men are the protectors and maintainers of women, as God has given some of them an advantage over others, and because they spend out of their wealth. The good women are obedient, guarding what God would have them guard. As for those from whom you fear disloyalty, admonish them, and abandon them in their beds, then strike them. But if they obey you, seek no way against them. God is Sublime, Great.
The Arabic word qawwāmūn is translated as “protectors and maintainers” in English or something similar to it, and this leads to the verse sounding nonsensical. Why would the Quran go from the idea of financial support and protection for women to the idea of striking them in the same verse? The problem is that “protector and maintainer” is not exactly what qawwāmūn means. Qawwāmūn means “figures of authority who are in charge of and take care of (something)”. Verse 4:34 is about the issue of authority and law-enforcement within a household as I will explain, the idea of financial support and physical protection is only a subset of it.
Verse 4:34 establishes qiwāma, the gender framework within which Muslim families are meant to operate. For a lengthy discussion of modern interpretative efforts to nullify the concept of qiwāma and to reinterpret 4:34 as merely speaking of men’s duty to protect women and my rebuttal of such arguments please see Appendix I at the end. As I will argue there, the evidence in support of qiwāma is overwhelming; both the internal evidence of the Quran and the external evidence of tafsīr and hadith support it.
At this point, assuming that the classical interpretations of the verse are correct, we will examine how such a gender framework could be justified among civilized and self-respecting humans.
Domestic Violence in Islam
Domestic violence, as the phrase is commonly understood, is prohibited in Islam; a woman has the right to not be abused by her husband. This is the general rule; Islam does not tolerate cruelty and injustice toward anyone, whether man, woman, child or even animal. But verse 4:34 establishes an exception in the matter of authority and discipline in a household. The point of this verse is the establishment of a certain type of order within an Islamic household.
To explain how 4:34 can be implemented without this leading to domestic violence, the best analogy and the most relevant I have found is that of law enforcement. Throughout the world, the police have the right to strike a person who is about to break the law, for example a person who want to set fire to a building. The police are required to sternly warn the person to stop their behavior, and if they do not, they have the right to intervene physically and subdue the person to prevent them from doing harm. The right of the police to strike any citizen they want given the appropriate circumstances establishes a certain type of order within society. It does not lead to a reign of terror; look at a peaceful and quiet Western town and you will find that that peace and quiet is protected by the existence of a police force who have the right to use violence when necessary.
In the West, law enforcement is the job of the police; they are given the right to use violence when necessary to carry out this job. Islam creates a second law enforcement jurisdiction that is non-existent in the West, that of the family, with the power of policing given to a husband (rather than a police force) within this internal family jurisdiction (later on I will discuss possible reasons for why this power is given to men rather than women).
Similar to the police, men are not allowed to abuse this authority. Police brutality and husband brutality can both be severely punished by the law. Verse 4:34 gives a man the authority to police his household. If his wife is about to do something highly damaging, such as trying to invite a lover into the house, he has the right to sternly warn her to stop and to use force against her if she does not.
Here, it should be stated that under Islamic law a woman should have the right to divorce any time she wants. If her husband is abusive, besides having access to agencies protecting women, she should also be able to threaten to leave him, and the police should be there to protect her rights and prevent her from being kept as a wife against her wishes. Middle Eastern countries have been notoriously bad at protecting women’s rights, this is slowly changing, and Islam can actually be used as justification for creating agencies that protect women’s rights.
Islamic law creates this situation inside a family:
- A husband has the right to police his household and to use violence in the extremely rare case where his wife wants to do something completely unacceptable in their culture and society.
- A woman has the right to leave her husband any time she wants.
- A woman has the right to be free from cruel treatment and abuse, and has the right to enjoy the police’s protection from abuse.
In the vast majority of marriages (perhaps 99.99%), husbands will never have to use their right to violence, the same way that in a peaceful society the vast majority of people are never beaten by the police, despite the fact that the police have the right to strike any citizen when necessary. Islamic law, similar to Western law, creates a certain social order that does not do violence to anyone as long as no one tries to break the law. A husband’s right to act as policeman is irrelevant except in the extremely rare case when a wife, for whatever reason, 1. insults and threatens him by her actions, 2. does not listen to admonishment and 3. does not want a divorce. That is quite a ridiculous situation that very few couples will find themselves in.
A person may ask, if this verse truly applies to only 0.01% of marriages, why would the Quran have a verse about it? For the same reason that Western law has many clauses on the use of violence by the police despite the fact that only 0.01% of citizens are ever subject to police violence. The right to use violence is what matters here, not the actual use of violence. When a Western town gives the police the right to use violence, they do not do so because they like to watch the police beat people up, but because they know that if the police did not have the right to use violence, they could not deal with the extremely rare cases in which violence is needed.
You cannot establish social order without giving someone the power to enforce it. A law is useless talk unless there is someone who can enforce the law, and the enforcement of law in human society requires the power to use violence (only the power, not the actual use of violence). While Western law defines a certain legal code enforced by the police where necessary, Islamic law defines this, and also, in addition to it, defines internal family law (non-existent in the West) that husbands can enforce through violence where necessary.
Senseless Beatings and Cultural Mores
When talking about 4:34, people’s minds immediately jump to an imaginary or real wife who is beaten by a cruel husband. But that has nothing to do with 4:34. The violence in 4:34 is similar to police violence; if it is cruel, if it is senseless, if it is unnecessary, then that is forbidden and should be punished by law. 4:34 only justifies violence in cases where the couple’s culture considers the violence justified. The woman’s own relatives should be able to look into the case and agree that the husband’s actions were justified.
What situations could possibly justify a husband striking a wife? This is similar to asking what situations could possibly justify the police striking a citizen. If we think of good citizens being beaten by the police, we naturally find that cruel and unjustified. So to sensibly answer the question, we have to think of bad citizens, those who do deserve violence according to the law worldwide. A bad citizen would be one who is mugging someone, or trying to steal a car, or trying to rape a woman. People will generally agree that police violence is justified in preventing such citizens from carrying out their intentions.
Verse 4:34 deals with the issue of bad wives, the way that Western laws allowing police violence are there to deal with the issue of bad citizens (I will address the question of bad husbands later on). In regards to good wives versus bad wives, verse 4:34 has this to say:
The good women are obedient, guarding what God would have them guard. As for those from whom you fear disloyalty, admonish them, and abandon them in their beds, then strike them.
The Arabic word that is rendered as “disloyalty” above is nushūz, which according to al-Rāzī has meaning close to “mutiny”, it is when a person acts as if they are superior to a figure of authority (as in a soldier acting in disregard of an officer’s rank). It literally means “to consider oneself superior”, the word can be used to describe a patch of land as being higher than another.
The word nushūz is vague and does not clearly define what situations deserve a strong response and which ones do not. I believe this is in order to leave it to each family, culture and society to decide it for itself. All wives probably know what their husbands’ “deal-breakers” are, things that he would consider a severe insult and a betrayal, and these things can be different for different people. The most flagrant case of nushūz is a wife trying to have an affair. In general, nushūz is any case in which a wife acts in disregard and disrespect to the Islamic social order that the Quran wants to establish within the family. Among forms of nushūz explained in the Islamic legal literature are, many of which sound antique or somewhat irrelevant today:
- A woman refusing to engage in sexual intimacy with her husband without a valid reason. Ibn Rushd al-Jadd (grandfather of the more famous Ibn Rushd), in answer to a question, says that a man is not allowed to strike his wife if she refuses sexual intimacy unless she is doing it out of malice and spite and he fears she will continue to become more rebellious.
- Refusing to do housework. The Ḥanabalī scholar Ibn Qayyim al-Jawzīya (d. 751 AH / 1350 CE) considers it a duty, saying that the marriage contract assumes that the woman perform such services, while the Shāfiʿī jurist Abū Isḥāq al-Shīrazī (d. 476 AH / c. 1083 CE) does not consider housework one of her duties. According to the Spanish Malikī scholar al-Qurṭubī (d. 671 AH / c. 1273 CE),whether housework is obligatory depends on her social class; it is not obligatory for upper class women who expect their husbands to hire servants.
- Refusing to join the man in his home after marriage without a valid reason.
- Inviting someone into her marital home against her husband’s wishes.
A technical, modern and pluralistic definition of nushūz would be:
A woman's acting in flagrant disregard of the terms implied by her marriage contract in her particular culture.
Is it acceptable for a husband to use violence against his wife for refusing him sexual intimacy, even if she is doing it maliciously, for example as a form of emotional blackmail? Most, if not all, people today will probably say violence is not justified; they should work out their issue peacefully or get a divorce. And perhaps that is the correct general principle today. What constitutes scandalous behavior that deserves a decisive response from a husband can change as humanity develops.
The Quran does not give us a strict definition of nushūz, allowing us to make its scope wider or narrower as our reason, conscience and cultural experience demands. Any case of a woman suffering violence in a way that is clearly unjust and unreasonable can automatically be considered outside the bounds of 4:34: In a Muslim society, a woman should never have occasion to say that her husband beat her without a valid reason. If that is true, her husband should be punishable by law, as is the opinion of Ibn Ḥazm. Scholars, however, have historically differed greatly on whether and when a man can be held accountable for striking his wife, some going as far as practically prohibiting all violence and others giving a man carte blanche to beat his wife whenever he wants. But thanks to the vagueness of the concept of nushūz, we are under no strict limitation in our ability to give it a reading that fits reason and conscience. In my proposed interpretation of 4:34, if a wife was struck by a husband, it would only be justified in situations like this:
I tried to cheat on my husband, he found out and sternly warned me to give up the idea. I did not. He told me I should get a divorce if I don't want to be with him anymore, but what I want is to stay married to him and enjoy the benefits that come with it while having a lover on the side. We had a fight and he physically subdued me and took my phone away from me so I wouldn't be able to talk to my lover.
In a Western country a husband in the above situation is required to let his wife do whatever she wants, only having recourse to divorce. The police will probably laugh at him if he was to give them a call and complain that his wife wants to sleep with another man. Under Islamic law, however, a husband is given the authority to be the law-enforcer himself in such a case. This creates a situation in which there is zero tolerance for a wife acting against the terms of her marriage. She is required to either accept to live amicably and faithfully with her husband or to get a divorce. Verse 4:34 ensures that there will be no “in-between” situations where a wife is only half faithful or respectful toward a husband, for example staying with him for the sake of the children while doing whatever she wants in her private life without concern for his interests. She is either fully committed to her life with her husband or she gets a divorce. While Western law tolerates all shades of commitment from full commitment to zero commitment between a husband and wife, Islamic law allows only full commitment or divorce, and gives the husband the right of violence to ensure that this will be the state of things in his family.
Theoretical Laws versus Real-Life Effects
Above, I have explained the theory behind verse 4:34. But that is only half the picture. Verse 4:34 creates a certain social order, a certain type of society, that an outsider may be completely unable to imagine from the wording of the verse. The type of society it creates is one in which it is unthinkable for a woman to flagrantly act in opposition to her husband and his household (the most glaring example being that of infidelity). It is as unthinkable for her to act thus as it is for a Western citizen to think of counterfeiting money. While in the West we do not live under a police reign of terror, we know that if we were to do something that severely threatens social order, such as making counterfeit money, law-enforcement will have something to say about it. We do not need the police to strike us to not make counterfeit money. We just know that in our society, in our social order, the making of counterfeit money is totally unacceptable and will bring down violence on the person who tries it.
In the same way, in an Islamic society, a woman knows that within the social order she lives in, she cannot act flagrantly in opposition to her husband; she knows that this is totally unacceptable in her society and can bring down violence on her. If there is a need for her to oppose her husband, she has the right to argue with her husband, to demand the support of her family and his family, to demand the support of women’s agencies, to sue him in court and to threaten divorce. These things ensure that her husband cannot abuse his authority and that her rights are not neglected. What she does not have the right to is acting in a way that damages her husband and his household. She is free to get a divorce; but while she chooses to be with him, she has to act in good faith toward him.
The “Rule” of Husbands
Giving husbands the right of policing does not make them tyrannical rulers, the same way that giving the police the right of policing and striking citizens does not make them rulers in society. Husbands and the police are both subject to higher laws that restrict their powers. In an Islamic society, both the husband and wife are subject to the law and its various restrictions. They are both servants of God who do their best to please Him. One of them, the husband, has the powers of the police delegated to him to deal with the extremely rare case of having to enforce internal family law. It is true that no sensible wife would act in a way that threatens her husband and his family, similar to the way that no sensible citizen would act in a way that threatens society and requires police action. But not all wives or citizens are sensible, therefore the law sees the need to give certain people the right to use violence against those rare wives or citizens that do not act sensibly.
In focusing on the extremely rare situations when violence becomes necessary, discussions of Islam and domestic violence ignore the overwhelming majority of marriages in which a husband striking his wife is considered unthinkable. It is like focusing on police brutality in a peaceful town and ignoring the 99.999% of the citizenry who live in peace and never have any dealings with the police.
A husband who habitually beats his wife is similar to a policeman who habitually beats citizens for no reason. Such a husband or policeman should be severely punished, and if they cannot stop their violence, they should be fired from their jobs (a judge should force the husband and wife to separate, and should fire the policeman).
Why Make Husbands Policemen?
Even if it is admitted that the mere right of using violence against a wife does not lead to an epidemic of domestic violence (and my experience of Muslim societies in Iran, Iraq and the United States illustrates this beyond doubt), one may doubt if giving men the authority to act as part-time policemen in their households is the best way to organize society.
The Quran’s theory is that society functions best when husbands are recognized as authorities in their households, with the power to act swiftly, decisively and even violently when their interests are seriously threatened.
The feminist (etc.) theory is that society functions best when a husband and wife have equal shares of authority in their households, somewhat similar to a country or company having two presidents.
Which theory is true? A great many scientific studies would be needed to find out beyond reasonable doubt which type of society functions best. Such studies should try to answer these questions:
- Do women in devout Muslim households suffer more or less domestic violence compared to other women?
- Are women in devout Muslim households more or less likely to suffer depression than other women?
- Are women in devout Muslim households happier and more fulfilled or less compared to others?
- Are children brought up in a devout Muslim family more or less likely to suffer trauma compared to children brought up in a non-devout Muslim family, compared to children brought up in non-Muslim families from societies of equal development and prosperity?
- What type of society is more sustainable? Devout Muslim societies are sustainable in that families can produce enough children to replace the parents. Western societies are all failing at this; they are all slowly going extinct.
Note the keyword devout. Considering an alcoholic who regularly beats his wife representative of Islam just because he calls himself Muslim is something only a propagandist would do. Any study of the effects of the Quran’s teachings, including the teaching in verse 4:34, should focus on people who actually take the Quran’s teachings seriously.
My contention, and the Quran’s, is that a devout Muslim society will function better and will be happier than either a non-devout one or a modern, liberal and irreligious one.
Verse 4:34 explains why God considers men worthy of the authority He has given them in their households:
Men are qawwamūn (keepers, protectors and authorities) over women, as God has given some of them an advantage over others, and because they spend out of their wealth. The good women are obedient, guarding what God would have them guard. As for those from whom you fear disloyalty, admonish them, and abandon them in their beds, then strike them. But if they obey you, seek no way against them. God is Sublime, Great.
The Quran gives two reasons:
- Men are inherently (i.e. genetically) suited to the role of being figures of authority in their households
- Men are the financial maintainers of women (by Islamic law)
The Quran’s contention, therefore, is that a family functions best when a man is the chief authority, because it is in the nature of human families that they function best when a man is the chief authority. We have on convincing scientific evidence for this at the moment, but we may have it in ten or twenty years. According to the Quran, humans have evolved (for a plausible reconciliation of Islam and evolution see my essay: God, Evolution and Abiogenesis) in a way that makes males different from females, and this difference justifies different roles within a relationship.
This difference does not mean that a man is given the right to do whatever he wants in his family. He is subject to the law and any abuse of his powers can be punished by law.
The question of whether men are really evolutionarily suited to be the chief authorities in their families cannot be settled by argument. It requires hundreds of scientific studies. Simply thinking of the 1% of men who abuse their powers tells us nothing about the 99% who do not. You cannot judge social policy by thinking of a few glaring bad examples. You have to study all of society. You cannot judge verse 4:34 by thinking of the hundred families in a Muslim city in which the husbands are abusive and ignore the 10,000 families in which the husbands are not abusive.
At this point a reader may wonder why there is a need for dealing with bad wives, while no similar clause exists in the Quran for dealing with bad husbands. What about a husband intent on doing harm to his family or wife?
Islam considers a man’s family an extension of himself. He is supposed to take care of it as a part of himself. This “sense of ownership” is designed to make him devoted to his wife and children, putting their interests on an equal footing to his own personal interests. In Islam, the family unit is arranged in such a way as to make it nonsensical for a man to try to damage it, for him it would be like shooting himself in the foot. This “sense of ownership” seems psychologically necessary to motivate men to feel attached to their families and to work hard for its benefit. Without it, you get selfish, irresponsible and child-like men like some of those in the West who are focused on their own individual pleasures and interests at the expense of their families.
In Islam, the family man is a ruler of his own little kingdom, attached to it and its interests. In the West, this type of attachment has broken down for many people. This is perhaps an important reason for the low fertility rates of all modern irreligious societies. Men are no longer willing to bear the great responsibility of having to care for children. For a Western man, a child represents a serious risk and responsibility who does not add any privileges or advantages to his life. He would rather enjoy intimacy with a woman without worrying about children. For a Muslim man, things are completely different. For him a child is an addition to the family unit, which itself is an extension of himself. The law forces him to take care of his wife and children, but it also grants him the privilege of being the unchallenged authority in his household. He is granted a little kingdom and is held responsible for it.
When it comes to the issue of a bad husband, the Islamic social order of having the man as the chief authority in the household means that it does not make sense for a wife to be a disciplining authority over him. If the husband is bad, she has to use alternative methods that make sense within her position in the family:
- Asking for support from her and his family.
- Asking for support from community leaders, such as imams.
- Asking for the support of government agencies.
- Threatening divorce.
Devout Muslims and Habitual Wife-beaters
It is my contention that the more devoutly Muslim a man is, the less likely he is to be a wife-beater. There are hundreds of verses in the Quran that call him to be kind and forgiving. A single verse that allows violence in extremely rare circumstances is not going to be sufficient to wipe out the teachings of these hundreds of other verses from his mind. Any person with sufficient intelligence to understand the Quran will feel restricted by it in his ability to be mean and violent toward others, including his own wife and children, rather than feeling encouraged by it.
I have no respect for a man who beats his wife and will never befriend a man who thinks he has the God-given right to beat women when the mood strikes him. I am not unique in this regard. In the devout Muslim society I come from, a man who is known to beat his wife is considered a hooligan and a fool, a person unworthy of befriending. Yet we are all Muslims who take the Quran seriously, including verse 4:34.
Verse 4:34’s main function is a defense of Islam’s “patriarchy”. It makes it impossible to give the Quran a feminist reading that sees men and women as exactly equal. It gives men higher authority in their households and goes as far as delegating some of the powers of the police to them. This is a completely anti-feminist way of organizing society, and for this reason feminists who wish to “feminize” the Quran will be forced to either ignore 4:34 or to give it far-fetched interpretations (as Laleh Bakhtiar has done).
Those who have occasion to talk about 4:34 are generally middle and upper middle class people for whom domestic violence is unthinkable (and it is that way for me too). But saying that 4:34 is unnecessary because our men and women are mature and sensible enough to act as honorable adults toward one another is like saying the police are unnecessary because we sensible people do not plan to break the law.
The police’s main function is not violence, it is the protection of social order. By using violence against the very small minority of citizens who wish to break the law, a certain type of order is created that everyone follows. The same applies to verse 4:34. By giving husbands the right of violence against the extremely small minority of wives who desire infidelity and other ways of damaging their families, a certain type of social order is created where wives are required to be 100% committed to their families. 4:34 establishes a social order in which wives are either fully committed or get divorces.
The vast majority of wives are already fully committed and do not need violence to make them so, the same way that the vast majority of citizens are fully committed to being good citizens and do not need violence to make them so. But it is foolishness to say that social order does not need a policing power to protect it. Without a violent power protecting against threats to order, social order will break down, as seen in cases where the police abandon a town (such as during a police strike), which quickly leads to looting and rioting by irresponsible citizens.
The Islamic social order that requires wives to be fully committed functions peacefully and without violence in the overwhelming majority of cases; 4:34 ensures that there is a policing power that protects this social order and can respond to those extremely rare cases where this order is threatened.
People have the right to wonder if this is the best way to create happy families and societies. But without a great number of unbiased scientific studies there can be no conclusive answer. It might seem “obvious” to someone that this is not a good way to create happy families and societies, but this is just a personal bias unless they can provide statistical data to back up their opinion. There are faithful and loyal wives among both Muslims and irreligious people, but if devout Muslim wives are on average 50% more likely to be loyal, and their families are 20% more likely to be happy and to avoid being broken up, then that is all we need to know to tell us that we shouldn’t be too quick to judge the sociological consequences of the Quran’s teachings.
As Muslims, we believe that God knows better than anyone else how families and societies should be organized, therefore even if we dislike the idea of violence against women (as perhaps all of us do), we have to believe that God knows best. Even the Prophet Muhammad had reservations about 4:34. Al-Rāzī, in his aforementioned exegesis of verse 4:34, mentions a narration from Ibn ʿAbbās in which he says that a woman came complaining to the Prophet that her husband had struck her. From the passage, it appears that the Prophet would have liked to punish the husband according to the law of qiṣāṣ, but verse 4:34 is revealed to him confirming that the husband was within his rights. The Prophet is quoted as saying “We wanted something, but God wanted another thing. And what God wants is best.”
To summarize, verse 4:34 creates an informal police force made up of husbands. They are charged with the protection of the integrity of their families and are given the power of violence as a last resort in the carrying out of this duty. Any use of violence by a husband that falls outside of this definition can be punished by the law.
From the above discussion, feminist critiques like the following (from Men in Charge?, chapter 7) will be seen to be quite beside the point:
Dina, a lawyer who founded and currently leads an NGO in one of Cairo’s poorest areas, added another layer to this new understanding of qiwamah. She noted, ‘Since women and men today have equal opportunities to pursue knowledge, with women sometimes excelling more, it would be indeed irrational to expect an illiterate man to have qiwamah over a female university professor, in the sense of authority.’
It would be irrational for a female university professor to marry an illiterate man to begin with. Considering the less absurd example of a female university professor married to a male university professor, it will be seen that the man is given the authority to defend his household, an authority that he will likely never have to enforce, since his college-professor wife is likely intelligent and self-respecting enough, like most middle class wives, to not act like the immature and out-of-control person described above as a bad wife. Saying it is irrational for this male professor to have qiwāma over his wife because of his wife’s qualities is similar to saying that it is irrational for a peaceful town to have a police force. Islam gives him policing power to deal with the extremely rare cases in which it might be needed. If he is blessed with a good wife he will never have a recourse to it, the way that the police force in a peaceful town never have recourse to violence against the town’s citizens. The above excerpt from Men in Charge? relies on the paralogism that:
- Good wives do not need qiwāma and its enforcement in order to make them behave in constructive ways in their families.
- Therefore qiwāma-enforcement is not needed.
Qiwāma-enforcement, as has been discussed, is entirely about bad wives, therefore the fact that good wives do not need it is irrelevant. What they say is similar to:
- Good citizens do not need law-enforcement in order to make them behave in constructive ways in society.
- Therefore society does not need law-enforcement.
If it is admitted that qiwāma-enforcement is about dealing with bad wives, a person might argue that this means that in a society of enlightened and educated individuals we can do away with qiwāma, living as if verse 4:34 does not apply to us. This is the argument of certain activists; qiwāma may have made sense in a certain time and place, but it is certainly quite out of place in modern society. This thinking relies on the assumption that there are no relevant differences between men and women that would justify giving men higher authority. The assumption is that men and women are exactly the same when it comes to everything that matters, therefore there is no sense in treating them differently.
But is that assumption true? 4:34 says that there is something intrinsic about men that justifies God giving them authority over their wives. There is some genetic/evolutionary reason why giving men authority over their wives leads to better results for everyone involved. If that is true (and we either have to assume it is true because the Quran says it is, or abandon the Quran for containing a falsehood), then giving men authority over their wives in a modern family is just as relevant as it would be in an ancient family. There are thousands of situations that come up in a modern family’s life in which the question of authority is significant. Should the wife accept that particular job? Should the son be allowed to go out with that group of friends? Should the daughter be allowed to wear that particular dress? Qiwāma allows for discussion and argument while giving the man the right of having the final word, because of a superiority in rank that God has given to him, and because he spends out his wealth to care for his family (the reasons given in 4:34).
A feminist who appreciates everything said above may go on to say that she does not like to live with a husband who thinks he has the right of having the final word. But even in this case she is misunderstanding the purpose of 4:34. If she marries a husband as intelligent and educated as herself, he will probably be the type of person to work out all issues of authority without having to resort to saying that God has granted him the final word. It is only an extremely socially inept man who insults his wife by telling her he has authority over her. An intelligent and intellectually mature Muslim man will instead treat her like an equal, the way Prophet Muhammad appears to have treated his wife Aisha.
The final remaining feminist criticism would be her saying that she does not want to be subject to a man’s authority no matter how good of a man he is. She wants to be free and make her own way in the world without reference to a man. Islam’s answer is that she is free to not get married, but the general framework of marriage within Islam will always be the qiwāma framework, which is prescribed in the Quran and accepted by the vast majority of the world’s Muslim men and Muslim women. Rejecting qiwāma is similar to rejecting the Ramadan fast. One can come up with various logical reasons for rejecting fasting (it reduces worker productivity, for example), but since it is God who prescribes it, we have no option but to do as He says. Additionally, if 99% of women are quite happy to live under qiwāma while 1% of them dislike it, whose opinion is more authoritative? The radical feminist answer would be that any woman who refuses to agree with feminism is foolish and her opinions do not count. The humanist answer would be that as a human, her worth does not derive from how much of a feminist she is, and if the majority of intelligent and educated Muslim women do not have a problem with qiwāma, that is very strong evidence in favor of the traditional Islamic family.
Many women can probably be convinced to dislike qiwāma in the name of women’s rights. This is similar to the way that even today it is easy to convince workers to support communism despite the horrors it led to in the 20th century. Both feminism and communism promise a specific class of people increased rights, powers, and privileges, and few humans have the wisdom to reject such things when offered to them freely. Ask any Muslim woman, especially an unmarried and college-educated one, “Do you want as much authority as your (future) husband or less authority?” and she will probably say she wants as much authority. This is similar to asking a worker, “Do you wish your boss was legally required to share much of his wealth with his employees?”, the answer will almost certainly be a “Yes!” The problem is that we cannot build a civilization based on answering the average person’s desires. Legal systems and social order have to be designed by mature people who can foresee the long-term results of their actions; all societies that have embraced feminism have below-replacement fertility rates (they are slowly going extinct), and all communist societies are poor, unhappy, unfree and unproductive. Ending qiwāma might make a small minority of women happy, but what will be the long-term costs to the rest of society? If it is said that a woman shouldn’t have to sacrifice her freedom and independence for the sake of society, the answer is that actually she does. Islam asks both men and women to sacrifice many of their desires for the sake of the greater good. They are required to limit sexual partners even if this reduces their fulfillment; they are required to pray at inconvenient hours; they are required to not enjoy alcohol even though it is highly pleasurable to drink and many people are capable of enjoying it without becoming alcoholics. Pious Muslim women by and large see no problem with qiwāma because it is one of dozens of limitations God places on women supposedly for their own good and the good of those around them. A Muslim woman either has to accept that God is right in His commandments, or that He is wrong and she can do better outside of them.
Interfacing With Secular Law
It should be mentioned that most legal systems do not recognize the validity of the use of violence against a wife in any circumstance except in that of physical self-defense. For this reason Muslims living under such laws are required to follow those laws. By the fact of accepting to live under a secular legal system and enjoying its protection, one also accepts to abide by its limitations. Upholding the “social contract” inherent in living under a secular legal system takes precedence over applying parts of Islamic law that conflict with it. In Islam the protection of life, property and dignity are the prime purposes of the law, so a secular legal system that affords these things but prohibits applying certain branches of Islamic law is still largely in accordance with Islam.
Fighting Violence Against Women
While 4:34 teaches us that there are extremely rare cases in which violence against a wife is justified, this should not make us indifferent toward cases of domestic abuse. The Quran throughout it is opposed to injustice and cruelty, and needless to say this means that we should be opposed to injustice and cruelty toward women. How can a man carry out the “greater jihad” of working to make the world a better place if he has created a cruel and tyrannical kingdom at home? Until recently Muslim societies (and of course non-Muslim ones too) were quite apathetic toward the issue of cruelty toward women. Things seem to be improving.
An intelligent legal theorist should have no trouble seeing that giving someone policing power is bound to lead to abuse if there is no oversight, therefore the creation of agencies protecting women against abuse should be an essential part of any developed Islamic legal system. Women should enjoy all of the protections of a country’s constitution and should have recourse to the authorities if they suffer abuse on the hands of their husbands, fathers or others.
It is not contradictory to fight violence against women while defending verse 4:34. It is similar to fighting police brutality while defending the police’s right to use violence when needed.
Appendix I: Interpretations of Qiwāma
The concept of qiwāma, along with that of wilāya (guardianship), have been a focus of concentrated feminist efforts that aim to defuse them in order to create gender equality within Islam. Despite their good intentions, which is the seeking of justice and equality, qiwāma cannot be attacked except through the use of far-fetched interpretations and false analogies. Below I will address feminist attacks on the concept. Those who accept the classical scholarly interpretations of 4:34 and wish to find out how it can be justified in a modern society can skip to the next section.
In a chapter of the previously cited Men in Charge? Omaima Abou-Bakr tries to trace the way the concept of qiwāma developed in Islam. She mentions Tafsīr al-Ṭabarī by the Persian scholar Ibn Jarīr al-Ṭabarī (d. 310 AH / 923 CE) as the “first” work of tafsīr (Quranic exegesis), going on to say:
Hence, not only did al-Tabari initiate and put into motion the hierarchal idea of moral superiority and the right to discipline (ta’dibihinna), but he also instituted the twisted logic of turning the divine assignment to provide economic support into a reason for privilege: ‘they provide because they are better, or they are better because they provide’.
The truth is that the pro-qiwāma interpretation of verse 4:34 starts not with al-Ṭabarī. It started as early as the Islamic scholar, prince of the Quran scholars, and Companion of the Prophet Muhammad ʿAbdullāh ibn ʿAbbās , in whose work of tafsīr, authored two centuries before al-Ṭabarī, he says:
"Men are qawwāmūn over women" means umarāʾ ("commanders", "rulers", "chiefs"), she is required to obey him in that which he commands her. His obedience means that she should be well-mannered toward his household, she should watch over his property and [appreciate] the virtue of his taking care of her and striving for her sake.
Incidentally, among other works of tafsīr predating al-Ṭabarī, also by two centuries, are the works of Mujāhid and al-Ḍaḥḥāk. Another early work of tafsīr is that of Muqātil bin Sulaymān (d. 150 AH / c. 767 CE), who predates al-Ṭabarī by a century and a half. He interprets qawwāmūn as musalliṭūn (“having lordship and authority”), a word that is largely similar to Ibn ʿAbbās’s umarāʾ, from the word sulṭa (“authority”, “dominion”). Al-Ṭabarī’s understanding of qawwāmūn was in no way new; he was following a tafsīr tradition that had been established centuries before him. The pre-Ṭabarī Ibāḍī scholar Hūd bin Muḥakkam al-Hawwārī (died in the last decades of the third century AH), reflecting a North African tafsīr tradition, also interprets qawwāmūn as musalliṭūn.
Abou-Bakr goes on to conclude that al-Ṭabarī was responsible for the changes she mentions in the following passage:
Thus, the original direct meaning of qawwamun/bima faddala (financial support by the means God gave them) developed this way: 1) from descriptive to normative/from responsibility to authority; 2) introducing the noun qiyam (which paved the way to the later qiwamah) as an essentialist notion of moral superiority; 3) from the restricted meaning of providing financial support to a wider range of a generalized status of all men everywhere and at all times; and 4) from a relative, changing condition of material bounty on account of inheritance to an unconditional favouritism based on gender.
According to Abou-Bakr, an innocent and harmless verse 4:34 was over time given a patriarchal, male-centric interpretation by scholars like al-Ṭabarī. Such a narrative, if it were true, would certainly be strong support for the feminist cause. But Ibn ʿAbbās and Muqātil’s aforementioned interpretations are strong historical evidence against her thesis; the notion of qiwāma did not go from being merely about financial support among the early Muslims to something more later on through the harmful influence of tafsīr scholars; qiwāma was thought to be about authority from the time of the Companions. A second and equally serious flaw in her thesis is her considering financial support to be central to the verse’s reasoning. Verse 4:34 actually mentions financial support as the second, rather than the first, rationale for giving men authority over women. Let’s take another look at the relevant part of the verse:
Men are qawwāmūn over women as God has given some of them [i.e. males] faḍl [a preference, advantage, superiority in rank] over others [i.e. females], and because they spend out of their wealth.
The first reason for this authority is not men’s financial support of women, but a faḍl (“preference”) that God has given to men over women, as is recognized by Muqātil. To clarify further, the verse can be rephrased as:
Men are qawwāmūn over women because 1. God has given men a faḍl over women, and 2. because men spend out of their wealth.
The superiority in rank, status or nature supposedly granted to men by God is what comes first, it is the main justification for qiwāma and has nothing to do with financial support as far as one can tell, since financial support is mentioned separately. As I will discuss below, this does not mean that men are morally superior to women, we can use the Quran to argue for the opposite. But to continue the discussion of rank, the Arabic wording of the verse can be said to go out of its way to make the separation between men’s rank and men’s financial support clear by using two bi-mās (“because”s) rather than one: because … and because … . It is quite unwarranted to collapse these two given reasons into one and claim that the verse is merely giving men the duty of protecting women.
The reason why God gives men a preference in rank over women, at least in the issue of authority in the household, is not given explicitly in the Quran, in the article I mention some possible justifications for it.
There are many hadith narrations that mention women as deficient in intellect and morality. I make no references whatsoever to those narrations in this discussion; the “preference” I refer to is the plain meaning of the Quranic verse; it is a rank granted by God, the way an army grants different ranks to different soldiers without suggesting that the lower ranks are morally inferior to the upper ranks. The concept of men having a superiority in rank over women is not unique to 4:34, it is also spelled out in verse 2:228:
Divorced women shall wait by themselves for three periods. And it is not lawful for them to conceal what God has created in their wombs, if they believe in God and the Last Day. Meanwhile, their husbands have the better right to take them back, if they desire reconciliation. And women have rights similar to their obligations, according to what is fair. But men have a degree over them. God is Mighty and Wise.
Scholars, such as al-Wāḥidī, Ibn al-ʿArabī, al-Rāzī, Ibn al-Jawzī, Abu Ḥayyān al-Gharnāṭī and Ibn al-Qayyim, mention that women are intrinsically mentally and morally inferior to men in their justification for the Quran’s special treatment of them in the matter of testimony (a man’s testimony equals two women’s, with various differences and nuances among the schools). A strong argument against the mental/moral inferiority thesis is that the Quran treats women as men’s equals throughout, considering them equally responsible for their actions and held to the same standards. If women were as irresponsible and foolish as children as some scholars suggest (such as al-Wāḥidī, Ibn al-Jawzī and al-Rāzī, who mention that women are perma-adolescents, never maturing), it would have been only fair to treat them as children in the matter of duties and punishments, yet the Quran treats them as complete humans. Karen Bauer writes:
But if women were deficient in rationality, then why did they have spiritual responsibilities similar to men? Although the majority of exegetes simply took inequality for granted, several explained why such inequality was fair, just, and according to God’s will. Such interpretations may reveal more, however, about the worldview of the interpreters than they reveal about the Qurʾān.
A modern work of tafsīr that criticizes the infantilization of women in classical tafsīr works is Tafsīr al-Manār by the Egyptian reformist scholars Muhammad Abduh (d. 1905 CE) and Rashid Rida (d. 1935 CE).
Before we go on, we can summarize the evidence in support of the classical view of qiwāma as:
- Classical scholarly works, such as those of Muqātil, al-Ṭabarī and al-Rāzī.
- The opinion of the Prophet’s Companion Ibn ʿAbbās.
- The wording of the verse, in which the primary rationale for qiwāma is given as a superiority in rank granted by God, rather than financial support.
- The fact that the verse seems to switch from the issue of financial support to the issue of discipline if we accept the feminist interpretation that qiwāma has to do with financial support alone. But if we accept the classical view that it is about authority, then the verse makes perfect sense: The first part asserts that men are the chief authorities in their households; the middle part gives two reasons for this; the last part deals with the issue of what a man should do when this authority is challenged.
Laleh Bakhtiar’s interpretation of “and strike them” as “leave them” in her Sublime Quran is so far fetched that it is not worth addressing. Men in Charge? does not give it a mention and assumes that “strike them/beat them” is the correct interpretation. Despite the book’s attacks on traditional qiwāma, the question of why the verse mentions striking women at all is strangely not addressed in the book as far as I could find. It is quite far-fetched to claim that a verse that allows the male sex to strike the female sex is innocent of patriarchal concepts.
Another line of attack against qiwāma has been that of claiming that Quranic verses and principles are historically localized; they applied in the Arabia of the 7th century CE, but they do not necessarily apply today. Addressing this criticism would require another essay. The idea that Quranic principles are historically localized is debatable, it is against the understanding of the vast majority of Islamic thinkers and scholars. We can localize a verse in its historical context to understand its meaning and intent, but once we have extracted these, they should be generalized to all times and places. Historical localization would allow one to nullify almost any Quranic concept they want by arguing that it only applied to a particular time and place and not to another. The common and common sense understanding of the Quran is that while its context can help us extract its meaning, the meaning itself is universal. The default assumption regarding the meaning of any verse should be that it is designed to be applied by all humans for all time. Overwhelming evidence should be needed to prove that the meaning of a particular verse has expired or is irrelevant. In the case of qiwāma, there is no evidence at all that it is irrelevant today. There certainly is overwhelming desire among a certain group of intellectuals to throw the concept away, but that does not constitute evidence. Working for women’s rights is a good thing, but destroying the foundations of our understanding of the Quran in the process is not.
Is a woman allowed to "beat" her husband if he plans on doing something terrible? (I mean beat as in to kick some sense into him, like a little slap or something...) Let's take your example of wanting to burn the house down
That is similar to the case of a citizen striking a policeman who wants to do something harmful. While her action runs contrary to 4:34, it is in accordance with other laws regarding the protection of life and property. So if her action is clearly justified, there would no reason to hold it against her, she can even be praised for doing the right thing.
In legal thinking, often numerous laws apply to the same situation all at the same time. It is up to the jurist to make sense of the complexities of the law and real life and come up with what is just and sensible. Islamic law is not made to be applied by senseless robots, but by intelligent humans who want to do what is just and right and kind in all circumstances.