Disciplining the Wife in Shiite Fiqh and Iranian Positive Law

Under Shiite jurisprudence and Iranian positive law, the husband can discipline his wife, if the latter refrains from performing her duties towards the husband. In such a case, the 'Ulama argue that the husband, in the first place, can stop paying her alimony. Three other types of punishment available to the husband are, on the basis of verse 34 of sura Nisa', first, giving advice, second, avoiding to share a bed and, finally, beating. The priority of the types of punishment should be observed, and they can be inflicted only if they can have an impact on the wife. Article 1180 of Iranian Civil Code reads "when the wife, without any legitimate reason, refrains from complying with her conjugal obligations, she is not eligible to get alimony." Therefore, according to law, the only punishment available to the husband is cutting off her alimony. The present article is an attempt to clarify misunderstandings surrounded this issue. This research examines verse 34 of sura Nisa' as well as the 'Ulama's view on the question of punishing the wife, particularly when it includes "beating".