And if proof for transgression is shown and the wife wants to remain with him, then the judge is to beat the husband.
[Thread: Wife Beating & Islam]
Opinions of famous classical Muslim scholars.
Imam Al-Desouki:
If the wife claims she has been beaten in transgression and the husband claims otherwise, then the wife is to be believed and the husband is to be reprehended (rebuked, …) by the judge
And if proof for transgression is shown and the wife wants to remain with him, then the judge is to beat the husband.
If the husband believes that his wife will not stop rebelling except by beating, then he’s not allowed to beat her.
If a husband knows that beating isn't helpful, then it becomes haram.
Al-Shafi‘i:
Beating is allowed, but avoiding it is better.
Maliki opinion:
Beating is allowed ONLY if it delivers the benefit intended from it. If it doesn't, then it's haram.
A wife has the right to divorce herself and right to retribution (or retaliation) if her husband beats her violently.
He is not allowed to beat his wife violently even if he knows she won’t stop rebelling by no other means and...
If the judge has been shown proof that the husband harms his wife even 1ce, then the wife is given the right to choose whether to remain with him or divorce herself with one talaq because of the Hadith “There should be neither harming nor reciprocating harm.”
Violent beating isn't allowed even if the husband believes his wife won't stop rebelling otherwise.
And if he does that, then she is given the right to divorce him and Qisas (retribution) as well.
The Prophet ﷺ never hit with his hand neither a servant nor a woman but of course, he did fight in the Cause of Allah. He never took revenge upon anyone for the wrong done to him, but of course, he exacted retribution for the sake of Allah...
https://t.co/yGdgwkqW6v
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