Treatment of recalcitrant wife in Islamic law: the need for a purposive juridical construct
Islamic law dealing with the issue of the scriptural treatment of a recalcitrant wife (nushuz) as detailed by both exegetes and classicaljurists has emerged as one of the much debated topics in readings on Muslim women in our time. Some go the feminist way; others te...
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| Format: | Article |
| Language: | English |
| Published: |
De Gruyter
2012
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| Online Access: | http://irep.iium.edu.my/34372/1/Treatment_of_Recalcitrant.pdf http://irep.iium.edu.my/34372/ http://www.degruyter.com/view/j/gj.2012.12.issue-2/1934-2640.1399/1934-2640.1399.xml?format=INT |
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| Summary: | Islamic law dealing with the issue of the scriptural treatment of a recalcitrant wife (nushuz)
as detailed by both exegetes and classicaljurists has emerged as one of the much debated topics in
readings on Muslim women in our time. Some go the feminist way; others tend to be reformists
while the vast majority remain traditionalists, konically, however, all these advocates, by and
large, have one thing in common, namely they are locked in the traditional literal methodology
of legal construction. This snrdy, however, calls for taking the discourse beyond the confines
of literalistic polemics to that of purposive methodology and analytical legislative constructs. It
concludes that the three-stage procedures of disciplining a recalcitrant wife as legislated by the
Qur'an, is intended to mitigate the harsh treatment of such wives in socio-cultural conditions in
which wife-battering was normal. To literally adopt such a procedure for restoring the relationship
of marriage at present time instead of repairing marital discord, will further ruptures it; thus it is
against the end-goal ofthe law on nushuz. |
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