Sterner measures allowed in case of immoral conduct

While, great stress is laid on the kind treatment of woman, and it is even recommended that she may be allowed to work in any way she likes, the husband is permitted to take stern measures in case of her immoral conduct. Islām places the highest value upon the chastity of the woman, and therefore if there is a falling off from the high standard of morality, the woman is not entitled to that honour and kindly treatment which is accorded to her otherwise. The Holy Qur’ān allows stern measures in the case of nushūz, which means the rising of the wife against her husband or her revolt and includes resisting the husband, and hating, and deserting him (LL.). Some commentators explain nushūz as meaning her leaving the husband’s place and taking up an abode which he does not like (AH.). Apparently the word covers a wide range of meaning and, therefore the remedy suggested in such cases is of three kinds. “And as to those on whose part you fear desertion (nushūz) admonish them and leave them alone in the beds, and chastise them” (4:34). When the nushūz is very ordinary and there is nothing serious about it, for instance, when it is a mere resistance of the husband’s authority, the remedy suggested is simple admonition. If hatred is combined with resistance of authority, a stronger remedy is suggested, and the husband is allowed, in that case, to show his disapproval of her conduct by keeping her separated from himself. But if the wife goes beyond that and deserts the husband, and her conduct becomes suspicious, then, as a last resort, chastisement is permitted. It cannot be denied that cases do happen when this extreme step becomes necessary, but these are exceptional cases and their occurrence is generally limited to the rougher strata of society where the remedy of slight corporal punishment is not only unobjectionable but necessary.

There are ḥadīth showing that the infliction of slight corporal punishment was permitted only when the conduct of the wife became objectionable, and she was as it were in open revolt against the husband. Thus a ḥadīth in Muslim says: “And be careful of your duty to Allāh in the matter of women, for you have taken them as the trust of Allāh … and they owe to you this obligation that they will not allow