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Showing 2 results for Fiqhi Comment
Ali Modabber,
Volume 8, Issue 32 (1-2018)
Abstract
Some have viewed the Quranic judgment of women`s rebellion, nushuz, as being harshness. However, as has been made clear, on the basis of the definition given in the political sciences of harshness and of following points, there may not be found any relation between the Quranic judgment and harshness. The judgment: has been wisely put forth as opposing uncontrolled harshness and keeping family, is a case of enjoining right conduct and forbidding indecency and not limited to women. In addition, the cases of this judgment are very limited. As is clear in fiqh, it is permitted for women to limit their cases of rebellion when sanctioning marriage; women`s rebellion is limited to sexual lawful enjoyment. Corporeal punishment would be established after two stages of advice and bed separation and, as viewed by all Muslim scholars, the punishment must be free from any physical damage on her body; it should be like beating with toothbrush handle. Man`s excessing legal limits would lead to criminal punishment; in some cases it is recommended to man to leave beating. Having applied three methods, if the woman insists on her rebellion, man may not punish her beyond laws and he may complain her in judicial offices.
Ali Ahang, Ahmad Karai Soltanabadi,
Volume 14, Issue 53 (7-2023)
Abstract
The verse "W al-Muhsanatu min al-Nisa` illa ma malakat aymanukum" is one of the verses that, due to mentioning certain ground of revelation, has become a place of reflection for commentators and jurisprudents. Referring to a report by Abu Saeed Khadari, the commentators link the content of the verse with Ghazwa Utas Honain, stating that the verse was revealed in the 8th year of Hijrah to exclude "Sabayayi Utas / married women captured in Ghazwa Utas" in the 8th year of Hijrah from the scope of the sanctity mentioned at the beginning of the verse. The current research, by an analytical method along with a critical approach and using library sources, has come to the conclusion that the common understanding of this noble verse is influenced by its ground of revelation, conflicts the spirit of teachings of the Holy Quran on the one hand, and with the context of the verses on the other hand. It is inconsistent. The claimed reason for its revelation also lacks proofs of authenticity, and no interpretative thought can be based on it. Therefore, rethinking the reason for the revelation of the verse and the common understanding of it is considered necessary, especially when fundamentalist and dogmatic groups such as Da`ish, Salafism, etc., present a distorted image of Islam to the world based on such an understanding.
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