Al-Nisa (The Women): Verse 34

The Men are the Maintainers (Qawwamun) over the Women...

Know that the Almighty said: {And do not wish for that by which Allah has made some of you exceed others} (An-Nisa: 32). We have previously mentioned that the reason for the revelation of this verse was that women spoke about Allah’s preference for men over them in inheritance. Thus, the Almighty mentioned in this verse that He only preferred men over women in inheritance because men are the maintainers (qawwamun) over women.

Although both parties benefit from each other, Allah commanded men to give the mahr (dower) to the women and provide for their maintenance. Therefore, the excess from one side is balanced by an excess from the other side, so it is as if there is no preference at all. This explains the coherence of the passage.

There are several issues within the verse:

Qawwam is a noun for one who is extremely diligent in managing affairs. It is said: "This is the qayyim (maintainer) of the woman, and her qawwam" for the one who manages her affairs and is concerned with her protection.

Ibn Abbas narrated that this verse was revealed concerning the daughter of Muhammad ibn Salama and her husband, Sa'd ibn al-Rabi', one of the leaders (nuqaba') of the Ansar. He struck her, causing her to become estranged from his bed. She went to the Messenger of Allah (peace be upon him) and complained that he had struck her, and the mark of the blow was still visible on her face. The Prophet (PBUH) said: "Retaliate against him." Then he told her: "Be patient until I consider the matter."

Then this verse was revealed: {Men are the maintainers over women}, meaning they have authority over their discipline and taking action against their misconduct. It is as if Allah made him a prince over her and the executor of judgment concerning her.

When this verse was revealed, the Prophet (PBUH) said: "We intended one thing, and Allah intended another, and what Allah intended is better." He then waived the right to retaliation.

Furthermore, after establishing authority for men over women and the execution of their command over them, Allah clarified that this is conditional upon two things:

1. {Because Allah has favored some of them over others} (An-Nisa: 34).

Know that the preference of the man over women is established in many ways, some being inherent qualities and others being legal rulings.

Regarding inherent qualities: True virtues ultimately return to two things: knowledge and power. There is no doubt that men's intellects and knowledge are greater, and there is no doubt that their capacity for strenuous labor is more complete. For these two reasons, men have virtue over women in intellect, prudence, and strength. This includes proficiency in writing (generally), horsemanship, and archery. Among them are the Prophets and the scholars.

Regarding legal rulings: Men hold the major and minor leadership (imamah), Jihad, the call to prayer (Adhan), delivering the sermon (Khutbah), seclusion in the mosque (I'tikaf), bearing witness in Hadd punishments and retribution (by consensus), and in marriage contracts (according to Imam Shafi'i, may Allah be pleased with him). They also have a larger share in inheritance, the right of ta'sib (receiving the remainder of the inheritance), bearing the blood money for accidental killing, the oath-taking in cases of disputed killing (Qasamah), guardianship in marriage, divorce, revocation of divorce (Ruj'ah), the number of wives permitted, and lineage is traced through them. All of this indicates the preference of men over women.

2. {And because they spend of their wealth}. This means the man is superior to the woman because he gives her the mahr and spends on her.

Then, the Almighty divided women into two categories. He described the righteous among them as {pious women, guarding in absence what Allah would have them guard}. This involves several issues:

Issue 2.1: The author of Al-Kashshaf mentioned that Ibn Mas'ud recited it as: {The righteous women are obedient, guarding in absence} (using the active participle hafizhat instead of the passive mahfuzat).

Issue 2.2: Regarding {pious (qanitat), guarding in absence (hafizhat lil-ghayb)}, there are two interpretations:

1. Qanitat (obedient): Obedient to Allah. Hafizhat lil-ghayb (guarding in absence): Fulfilling the rights of the husband. The right of Allah is mentioned first, followed by the right of the husband.
2. A woman's state is considered either in the presence of the husband or in his absence. In the presence of the husband, Allah described her as qanitah. The root of qunut implies continuous obedience. Thus, it means they are diligent in fulfilling their husbands' rights. While this appears to be a factual description, the intent is an imperative command for obedience.

Know that a woman cannot be righteous unless she is obedient to her husband, because Allah said: {The righteous women are obedient}. The definite article (al-) in the plural implies totality, meaning every righteous woman must necessarily be obedient.

Al-Wahidi, may Allah have mercy on him, stated that the term qunut implies obedience, which is general, covering obedience to Allah and obedience to husbands.

As for the woman's state in the husband's absence, Allah described her as {guarding in absence}. Absence (al-ghayb) is the opposite of presence. This means they guard what is required in absence, which includes several aspects:

1. She guards her chastity from adultery so that the husband is not shamed by her fornication, and so that a child conceived from another man's seed is not attributed to him.
2. Guarding his wealth from being lost.
3. Guarding his home from impropriety.

The Prophet (PBUH) said: "The best of women are those who, when you look at her, please you; when you command her, she obeys you; and when you are absent from her, she guards your wealth and herself." He then recited this verse.

Issue 2.3: Regarding the word {what} (ma) in {guarding in absence what Allah would have them guard}: There are two views:

1. Relative Pronoun (alladhi): The returning pronoun is omitted. The meaning is: "guarding in absence that which Allah has guarded for them." This means they must guard the husband's rights in return for Allah guarding their rights over their husbands (by commanding justice, kind treatment, and payment of their dues). Thus, {what Allah would have them guard} functions like saying, "This is in exchange for that."
2. Verbal Noun (Masdar): The meaning is "by the guarding of Allah." Under this interpretation, there are two sub-views:
   • They guard in absence by the guarding Allah grants them, meaning their ability to guard is only possible through Allah's success/guidance. This is an attribution of the verbal noun to the doer (Allah).
   • The meaning is that the woman guards in absence because she guards Allah's limits and commands. If she did not strive to observe Allah's obligations and exert herself in keeping His commands, she would not obey her husband. This is an attribution of the verbal noun to the object (Allah's commands).

Know that after mentioning the righteous women, the Almighty mentioned those who are not righteous, saying: {And those [wives] from whom you fear disobedience (nushuz)}.

Know that fear (khawf) is a state that occurs in the heart upon suspecting the occurrence of an undesirable future event.

Imam Shafi'i, may Allah be pleased with him, explained that nushuz (disobedience/recalcitrance) can be verbal or physical.

• Verbal: Such as refusing to answer when called, or softening her speech to him when he speaks, and then changing her demeanor.
• Physical: Such as refusing to stand up for him when he enters, or being slow to obey his command, or being reluctant to go to his bed with enthusiasm when he desires her, and then changing from all of that. These are signs indicating her nushuz and defiance, and the suspicion of these precursors necessitates the fear of nushuz.

Nushuz itself is disobedience to the husband and elevating oneself above him through opposition. Its root comes from the saying, "The thing nashaza" when it rises up; hence, elevated land is called nashz or nashr.

Then the Almighty said: {Admonish them, then keep them separate in the beds, and strike them}. This involves several issues:

Issue 3.1: Imam Shafi'i, may Allah be pleased with him, said:

• Admonition (Wa'dh): He tells her: "Fear Allah, for I have a right over you, and return to your previous state. Know that my obedience is obligatory upon you," and the like. He does not strike her in this state, as it is possible that admonition suffices.
• If she persists in this nushuz, then **he separates from her in the sleeping place (al-madaji')**, which implicitly includes refraining from speaking to her. Imam Shafi'i also said that he should not exceed three days in abandoning speech. Moreover, if he separates from her in bed, it will be hard on her if she loves the husband, causing her to abandon the nushuz. If she hates him, this separation suits her, indicating the extent of her nushuz. Some scholars interpreted this separation as abstaining from sexual intercourse, as the reference to the sleeping place implies this.
• If she remains in nushuz after this separation, he strikes her. Imam Shafi'i said that striking is permissible, but leaving it is better.

It is narrated from Umar ibn Al-Khattab, may Allah be pleased with him, that he said: "We men of Quraysh used to have authority over our women. When we arrived in Medina, we found that their women had authority over their men. Our women mixed with their women and became emboldened against their husbands. Permission was then given to strike them. Then, around the household of the Prophet (PBUH), a group of women gathered, all complaining about their husbands. The Prophet (PBUH) said: 'Seventy women have gathered around the family of Muhammad tonight, all complaining about their husbands. You will not find those who struck their wives among the best of you.'" This means those who struck their wives are not better than those who did not strike them.

Imam Shafi'i said: This Hadith indicates that it is preferable to refrain from striking.

If he does strike her, the striking must be such that it never leads to harm or death. It should be distributed over her body, not concentrated in one spot, and he must avoid the face, as it is the seat of beauty. It should be less than forty lashes. Some of our colleagues said it should not reach twenty, as that is the full limit for a slave. Others said the striking should be done with a folded cloth or with the hand, and not with a whip or a stick. In summary, leniency must be observed in this matter to the utmost degree.

My view: What indicates the proper approach is that Allah began with admonition, then escalated to separation in the sleeping place, and then escalated to striking. This sequence serves as an explicit indication that if the objective is achieved by the easier means, one must be content with it and is not permitted to proceed to the harder means. And Allah knows best.

Issue 3.2: Our colleagues differed on this matter:

• Some said the ruling in this verse is prescribed sequentially (in order). Although the apparent wording suggests combining them, the context of the verse indicates sequence. Amir al-Mu'minin Ali ibn Abi Talib, may Allah be pleased with him, said: He admonishes her with his tongue. If she stops, he has no further recourse against her. If she refuses, he abandons her sleeping place. If she refuses that, he strikes her. If she is not corrected by striking, he sends two arbitrators.
• Others said this sequence is observed only when fearing nushuz. When nushuz is confirmed, there is no harm in combining all measures.
• Some of our colleagues stated that the refined position of the school is: When fearing nushuz, he may admonish her. Whether he may separate from her is subject to interpretation. When nushuz manifests, he may admonish her, or separate from her, or strike her.

Then the Almighty said: {But if they obey you, then seek no way against them}. This means if they return from disobedience to obedience following this discipline, {then seek no way against them}, meaning do not seek a path for striking or abandoning them out of stubbornness and causing harm. {Indeed, Allah is Exalted and Great}.

His Exaltation ('Aliyy) is not by spatial elevation, and His Greatness (Kabir) is not by bodily size, but rather He is Exalted and Great due to the perfection of His Power and the execution of His Will over all contingent beings. Mentioning these two attributes here is exquisitely appropriate for several reasons:

1. The purpose is to threaten husbands against wronging their wives. The meaning is that the wives are weak against your oppression and incapable of exacting justice from you. Therefore, Allah, the Sublime, is Exalted, Overpowering, and Great; He will exact justice for them from you and take their due from you. You should not be deceived by your being superior in hand or higher in rank than them.
2. Do not seek a way against them if they obey you because of your superior hand. Allah is higher than you and greater than everything, and He is transcendent from commanding anything except what is right.
3. Despite His Exaltation and Greatness, Allah only burdens you with what you can bear. Similarly, you should not burden them with loving you, as they cannot command that.
4. Despite His Exaltation and Greatness, Allah does not hold the repentant sinner accountable but forgives him. If the woman repents her nushuz, then you are more deserving of accepting her repentance and ceasing her punishment.
5. Despite His Exaltation and Greatness, Allah is content with the apparent actions of the servant and does not pry into hidden secrets. Therefore, you are more deserving of being content with the outward state of the woman and not delving into what is in her heart and conscience regarding love or hatred.

{And if you fear dissension between the two, then send an arbitrator from his family and an arbitrator from her family. If they both desire reconciliation, Allah will cause it between them. Indeed, Allah is ever Knowing, Acquainted [with all things].}