How Islamic Courts Use Qur’an 4:34 to Justify Domestic Violence

When Scripture Becomes Law, and Law Enables Abuse

“Men are in charge of women…” — Qur’an 4:34

For many people unfamiliar with how Islamic law (Sharia) operates, Qur’an 4:34 may appear as just a religious verse with no practical application.

But that is not the case.

Across multiple Muslim-majority countries, this verse is directly referenced in:

Court rulings,
State fatwas, and
Legal codes

to justify male authority over women — including permission to physically discipline wives under certain conditions.

This article unpacks how a 7th-century verse is still shaping 21st-century legal systems, and why this undermines modern standards of human rights and justice.

🧾 What Does Qur’an 4:34 Say?

Let’s isolate the critical legal clause:

“...As for those from whom you fear rebellion [nushuz], admonish them, abandon them in bed, and strike them...” — Qur’an 4:34

Key words:

nushuz – often interpreted as disobedience, rebellion, or marital discord.
wa-dribuhunna – from daraba, meaning to strike.

Islamic jurists across all four Sunni schools (Hanafi, Maliki, Shafi’i, Hanbali) — and even in Shi’a jurisprudence — have included this verse as part of legal doctrine on marital discipline.

🏛 How This Verse is Applied Today

1️⃣ Saudi Arabia

Legal Framework: Saudi law is based entirely on Hanbali fiqh and direct Qur’anic verses — including 4:34.
In 2013, Saudi Arabia passed a "Protection from Abuse" law, but:
- It does not criminalize beating a wife if done under “Islamic discipline” guidelines.
- Religious scholars argue that light beating is permissible based on 4:34, as long as it does not break bones or leave lasting damage.

Case Example:

In 2020, a Saudi man was not prosecuted for beating his wife because it was ruled he was applying "correction" per Islamic law.
The judge cited 4:34 as the framework — stating that Sharia permits disciplinary action for nushuz.

2️⃣ Pakistan

Legal Framework: Pakistan has a dual system — secular courts and Sharia-based family courts.
The 2016 Punjab Protection of Women Against Violence Act was fiercely opposed by religious authorities.
The Council of Islamic Ideology (CII) proposed a counter-bill which explicitly allowed:

“Beating of wives lightly if they do not dress or speak as per the husband’s will.”

Quoting 4:34, the CII stated:

“It is in the Qur’an. It is the husband’s right.”

📚 Note:

Pakistan has no law criminalizing domestic violence at the federal level.
Courts often dismiss such cases when men argue they were exercising their religious rights.

3️⃣ Iran

Legal Framework: Based on Ja’fari Shi’a fiqh — which, like Sunni law, upholds male authority.
Iranian family law explicitly recognizes nushuz as grounds for discipline and loss of financial maintenance.

Article 1108 of the Iranian Civil Code:

“If the wife refuses to fulfill duties of wifehood without lawful excuse, she is not entitled to alimony.”

The implication:

A man can claim rebellion (nushuz),
Justify non-payment, withholding affection, and even physical discipline, supported by 4:34.

4️⃣ Malaysia

Legal Framework: A blend of Sharia and secular law, applied to Muslims.
Section 2(1) of the Islamic Family Law (Federal Territories) Act 1984 defines nushuz as “disobedience to the husband’s lawful command.”

In 2010, a Sharia court in Malaysia ruled:

“A husband may strike his wife in a non-severe manner if she shows persistent disobedience.”

Government Backing:

In 2022, Malaysia’s Department of Islamic Development (JAKIM) published a guide urging wives to:

Be obedient,
Not provoke their husbands,
Accept discipline as part of Islamic structure.

5️⃣ Nigeria (Northern States)

Sharia law is implemented in 12 northern states.
Hisbah police enforce morality codes — including in marriage.
Beating a wife within limits is not prosecuted if justified under Qur’anic law.

Case from Kano State (2021):

A man accused of violence against his wife was acquitted after citing 4:34 and his role as "maintainer" under Islamic law.

📉 Human Rights Impact

The continued use of Surah 4:34 in legal systems has profound implications:

Normalizes domestic violence as religiously sanctioned.
Disempowers women legally, especially when courts presume male authority as divine.
Complicates reform efforts, as any law protecting women is seen as contradicting the Qur’an.

You cannot pass modern laws against wife-beating if your Constitution or court system is based on a verse that permits it.

🧠 Final Analysis: Legal, Not Just Theological

Qur’an 4:34 is not just a verse.
It’s a legal precedent.
It is embedded in:

State policies,
Court judgments,
Clerical fatwas,
And cultural practice.

Any claim that “Islam doesn’t condone wife-beating” is either:

Uninformed of the jurisprudential tradition,
Deliberately misleading, or
Engaging in revisionism that Islam’s legal schools do not accept.

🔥 If a book truly came from an all-wise, all-just God, would it:

Establish male domination?
Allow physical violence?
Require obedience as a condition of moral standing?

The law reflects the theology.
And in this case, the theology reflects male control, not divine justice.

📚 Sources:

Qur’an 4:34 (Arabic + Yusuf Ali, Pickthall, Sahih Intl.)
Tafsir al-Tabari, Qurtubi, Ibn Kathir on 4:34
Saudi Domestic Violence Act (2013) and fatwas from Permanent Committee of Scholars
Pakistan Council of Islamic Ideology (2016 proposal)
Iranian Civil Code, Articles 1105–1110
Malaysian Islamic Family Law Act 1984
Human Rights Watch reports on Sharia-based domestic violence in Nigeria and Afghanistan
UN Women: Violence Against Women in the Name of Religion

Truth About Islam

Tuesday, 19 August 2025