A Critical Study of the Misleading Claim on the Verse 34 of Nisaa as Denoting Emphasis on Harshness in Family

Some have viewed the Quranic judgment of women`s rebellion, nushuz, as being harshness. However, as has been made clear, on the basis of the definition given in the political sciences of harshness and of following points, there may not be found any relation between the Quranic judgment and harshness. The judgment: has been wisely put forth as opposing uncontrolled harshness and keeping family, is a case of enjoining right conduct and forbidding indecency and not limited to women. In addition, the cases of this judgment are very limited. As is clear in fiqh, it is permitted for women to limit their cases of rebellion when sanctioning marriage; women`s rebellion is limited to sexual lawful enjoyment. Corporeal punishment would be established after two stages of advice and bed separation and, as viewed by all Muslim scholars, the punishment must be free from any physical damage on her body; it should be like beating with toothbrush handle. Man`s excessing legal limits would lead to criminal punishment; in some cases it is recommended to man to leave beating. Having applied three methods, if the woman insists on her rebellion, man may not punish her beyond laws and he may complain her in judicial offices.