Question
“How can Islam talk about human rights when the Qur’an uses the word wadribuhunna in the context of nushuz, and it gets interpreted differently in patriarchal societies like Afghanistan—where reports say the Taliban’s new laws effectively legalize domestic violence against women under the notion that ‘no bones broken, no crime committed’?”
Islamic Ruling & Answer
VerifiedIn Surah An-Nisa 4:34, the word “وَاضْرِبُوهُنَّ” appears, which literally translates as “strike them.” However, in Islamic law, the meaning of such terms is not determined by language alone; it is understood through the Qur’an, Hadith, and the explanations of scholars. Prophet Muhammad clarified that this “striking” must not leave marks, must not cause harm or pain, and must never be on the face. In fact, the Prophet ﷺ never raised his hand against any of his wives in his entire life. Based on this, jurists have explained that this allowance is a last resort, extremely light and symbolic in nature, not meant for punishment or violence. If it leads to harm, fear, or distress, then it is not permissible at all.
The general principles of Islam are clear: “There should be neither harm nor reciprocating harm.” Therefore, oppression, abuse, or causing pain to one’s wife is forbidden and sinful. Islam grants women the right to dignity, kind treatment, and protection. If a man mistreats or abuses his wife, he is accountable under Islamic law.
As for some contemporary claims, such as “it is not a crime unless bones are broken,” this does not align with the principles of Shariah. In Islam, wrongdoing is not limited to severe physical injury; rather, any form of harm, pain, or emotional distress is also considered Cruelty. It is possible that some people express this idea intending to say that a very light, non-injurious action is not considered serious harm, but even this interpretation does not fully align with the Prophetic teachings and the comprehensive spirit of Islamic law.
The true balance in Islam is that first there is advice, then temporary separation, and if the issue still does not resolve, the limited concession mentioned is to be applied with extreme caution and without harm. If the relationship still cannot be maintained, Islam provides the option of divorce or khul‘. This shows that Islam aims at reconciliation and preservation of the family—without oppression or violence.
Answered by
Mufti Tosif Qasmi
April 23, 2026
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