Question
Salam alaikum, I have read following hadith: Ibn Ishaq/Hisham 969 -
Requires that a married woman be "put in a separate room and beaten
lightly" if she "act in a sexual manner toward others." According to
the Hadith, this can be for an offense as petty as merely being alone
with a man to whom she is not related. Kash-shaf of al-Zamkhshari
)Vol. 1, p. 525( - ]Muhammad said[ "Hang up your scourge where your
wife can see it" Are those hadith sahih?
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify
that there is none worthy of worship except Allaah, and that Muhammad,
is His Slave and Messenger.
The wording of the first Hadeeth that we have read inSeerat Ibn
Hishaamdoes not include detaining the woman in the house and its
wording is as follows: "...and they should not commit a clear
immorality. But if they do that, then Allaah has given you permission
to forsake them in bed and to hit them but not severely..." This
Hadeeth was originally reported in Saheeh Muslim on the authority
ofJaabirin the Farewell Khutbah )Sermon( and it is a sound Hadeeth.
Forsaking means turning one's back to his wife in bed while hitting
refers to light beating. That is not meant to inflict physical pain on
her )the recalcitrant wife(, but rather to discipline her in a
psychological manner. Islam actually calls for treating women kindly,
prohibits oppressing them or causing harm and assaulting them. Also,
if you go back to that Hadeeth, you will find that before the words
you have stated the Prophet, said: "Fear Allaah concerning women" and
after that he said, "Thus, treat women kindly."
There is absolutely no doubt that no religion has given women the
great status that Islam has given them. We have pointed that out in
the Fatwa 81237, so please refer to it.
As for the second Hadeeth which is the saying of the Prophet: "Hang
your whip where the members of your household can see it."
]At-Tabaraani in Al-Mu'jam[, some scholars deemed it weak while some
others deemed it Hasan ]good[. It means that this will motivate them
)members of the household( to behave properly. Therefore, another
narration of this Hadeeth reads: "Hang your whip where the members of
your household can see it, for that will discipline them."
It was stated in Faydh Al-Qadeer: "It means that this will motivate
them to act properly and be good-mannered, and thus refrain from
indulging in vice...Ibn Al-Anbaarisaid: "There is nothing to suggest
that it should be used for beating, because he, did not command anyone
to do that. What he, meant was: do not stop disciplining them."
Allaah Knows best.
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Thursday, October 24, 2013
Fathwa, - Islam did not command detaining a sinful wife in a separate room
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