Judgment of Correction of the Wife by Beating in Islamic Jurisprudence: A Comparative Study  / Fathallah AkthamTuffaha

The subject of this research introduces an important aspect of life of the family, which is the performance of some husbands of beating their wives due to its connection with daily life and the occurring of some disagreements in this regard, and arousing some doubts around it from the enemies of Islam, and due to the affection of some Muslims towards it. In this research, we have illustrated all the matters concerned with beating, its legal judgment, its attributes, its causes and other matters. We have discussed it all and presented what is supported by a correct proof, and also we have answered some doubts which were aroused. The research showed that: 1 The wisdom derived from the punishment of wife by beating is connected with Sharia targets, which aim for the protection of the bond of marriage and the structure of the family, and its honor for the woman in order that her secrets with her husband are not to be revealed. 2. Although a man beating his wife is lawful, but giving it up is worthier. 3. A man's purpose from beating his wife is correction and adjustment and not torturing. 4. The attribute of the legal beating makes it nearer to the moral punishment than a material one, as it is uncovered and done by means which are not harmful to woman. 5. After exhaustion of the two means, which are exhortation and desertion in bed, beating is applied. 6. Man beating his wife is something, which is not rejected by mind or nature and is needed when necessary. 7. The objection of some Islamic legislation of beating is inappropriate, as a man beating his wife is not confined to Muslims but it is widespread in the West itself, and we did not hear invalidation on that from anyone, which indicates that the purpose of those is to defame the image of Islam