How does Islam permit the physical punishment of women?

Society belt picture

In verse 34 of Suratul Nisa, we read:

وَ اللاَّتِي تَخَافُونَ نُشُوزَهُنَّ فَعِظُوهُنَّ وَ اهْجُرُوهُنَّ
فِي الْمَضَاجِعِ وَ اضْرِبُوهُنَّ
“And (as to) those on whose part you fear desertion, admonish them, and (if ineffective) leave them alone in the sleeping-places and (if even this proves futile with no way of compelling them into fulfilling their responsibilities, except the use of force, then) beat them.”

The question that arises here is: How can Islam permit the physical punishment of a woman?

The answer to this objection, in light of this meaning of the verse, the traditions which discuss it, the explanations which have been presented in the books of jurisprudence and also the explanations which the psychologists offer today, is not very difficult, for:

Firstly: The verse sanctions physical discipline for those disobedient and irresponsible individuals for whom no other means have proved effective. Incidentally this is not an issue that is new and confined to Islam, rather, in all the laws of the world, when all peaceful and non-violent means to compel a person into fulfilling his obligations prove unproductive, there exist provisions to eventually resort to force. This resort to force is not restricted to mere beatings, but at times even extends to severe punishments and on occasions going all the way up to the death penalty!

Secondly: The ‘physical punishment’ in this case – as has been mentioned in books of jurisprudence – should be mild and moderate so as not to cause breakage of bones, injuries or (for that matter, even) bruises.

Thirdly: Modern psychoanalysts are of the belief that a segment of the female populace possesses masochistic tendencies and when this state intensifies within them, the only way to calm them down is by means of mild physical punishment. Therefore, it is possible that the physical punishment has been prescribed taking (the state of) such individuals into consideration, for in their case, this mild physical penalty would be lenitive in nature and serve as a kind of psychological remedy for them.

Without any doubt, if any one of these steps (mentioned in the verse) proves effective and the woman embarks upon performing her duties, the man has no right to inconvenience her and it is for this reason that the latter portion of the verse states:

فَإِنْ أَطَعْنَكُمْ فَلاَ تَبْغُوا عَلَيْهِنَّ سَبِيلاً
“Then if they obey you, do not seek a way against them.”

If it is asked: Such rebelliousness, violation and recalcitrance are also likely to be displayed by the men; would the males then be subjected to such punishments too? The answer to this is in the affirmative. In the event of their shirking their responsibilities, men too, like the women, face retribution and even physical punishment; the only difference being that, since this is something beyond the ability of women, it is the duty of the Islamic judge to utilize various means – even ta’zir (physical punishment) – to make such violators become aware and heedful of their responsibilities.

The incident of the man, who had victimized his spouse and who, under no circumstances, had been willing to submit before the truth whereupon ‘Ali (a.s) with harshness and threat of the sword, forced him into submission, is well-known.

إِنَّ اللٌّهَ كَانَ عَلـِيًّا كَبِيراً
“Surely Allah is High, Great.”

Finally the verse again cautions the men from abusing their positions as guardians of their respective households, and exhorts them to reflect upon Allah’s Power, which is above all powers, for surely Allah is High, Great.