Wife-beating in the pre-modern Islamic tradition: An inter-disciplinary study of H&dotbelow;adith, Qur'anic exegesis and Islamic jurisprudence

In contemporary Muslim discussions of progressive visions of Islam, the role of "tradition" is contested. Some argue that the pre-modern Islamic intellectual tradition offers a complex, nuanced and highly sensitive heritage whose study can be fruitful and relevant, while others argue that the tradition is patriarchal, misogynistic and ought to be abandoned in favor of a direct connection with the Qur'anic text. The present study considers the pre-modern Islamic tradition through an inter-disciplinary approach, by evaluating h&dotbelow;adith literature (normative reports from Muh&dotbelow;ammad), Qur'anic exegesis (tafsir) and Islamic jurisprudence (fiqh) concerning the right of husbands to discipline their wives. The ethical discussion surrounding the disciplinary rights of husbands is examined through various methods. The worldview shared by pre-modern scholars, which included a divinely-ordered social hierarchy, is examined. In h&dotbelow;adith, the texts of individual reports are analyzed along with the manner in which scholars labeled, organized and presented specific ah&dotbelow;adith relating to wife beating. The ethical discussion within h&dotbelow;adith literature includes conversations about the basic right of husbands to hit wives and also outline the appropriate procedure for hitting one's wife, which is often described as 'non-extreme ' (ghayr mubarrih&dotbelow; ). In Qur'anic exegesis, exegetical methods such as occasion of revelation, historical precedent, prophetic practice and philology are studied. Finally, in legal works, school specific approaches are surveyed. Both Qur'anic exegesis and Islamic jurisprudence assume a husband's right to discipline his wife and the ethical deliberations therein are concerned only with the procedure of hitting. Since husbands were not liable for exceeding the recommended non-extreme methods of hitting wives - unless the hitting resulted in death or broken bones - pre-modern scholars appealed to the conscience of husbands when suggesting moderate hitting. The weight of this appeal rested in the accountability of husbands before God regarding the just maintenance of their charges, which included wives, children and slaves.