Domestic Violence (Q.4:34) and the Qurrrnic Model: Q.4:34 Hermeneutical Analysis of Verse 34 and the Surrounding Controversy

Abstract

This paper examines the hermeneutics of the Qur’ānic verse Q.4:34 from surah, An-Nisa (The Women) in particular, as the most controversial verse relating to the issue of domestic violence. Q.2:27 shows that it is essential for us to protect human rights, in particular, the Qur’ān divides these into huqūq Allah (obligations with regard to God relating to prayer, charity etc.) and huqūq al-‘Ibād (rights of individuals).There is considerable controversy surrounding this verse which seemingly supports ‘wife beating’. This paper highlights the fact that this verse is often taken out of context and the Qur’ānic position is confused with the lack of accurate translations for English readers. There is also a misconception that Islam oppresses women both in public and private spheres. In private spheres, ‘wife beating’ verse is often cited and this misconception exists amongst not just non-Muslims but also Muslims. This study treat the Qur’ān-Sunnā as complementary sources to each other because this has important implications with reference to ‘wife beating’ verse in the Qur’ān (Q.4:34). This paper examines the lexical semantics of verse 4:34. This paper argues that Sunnā demonstrates that Islam prohibits violence against women and any violence ultimately goes against the Qur’ānic model. This paper also examines the semantics of mainstream scholars, feminist and contemporary scholars’ debate on this verse. Muslim Religious tribunals in the UK have restricted access due to polemic attraction in the media and for research purposes and solving the problem was a challenge and praxeological/Practice Based Approach (PBA) was the only way to obtain an ‘insider’s view’. PBA further enabled to investigate the specifics of discrimination that occur. The interpretative hermeneutics discourse of Q.4:34 leave these distortions open to political scrutiny. The Qur’ānic model has a potential to engender a more egalitarian (gender neutral) Islamic legal theory. Any Islamic legal theory must recognise that, the Qur’ān does not provide a systematic, historical and comprehensive system of universal ethics that can be simply retrieved or discovered.