JURISPRUDENTIAL EXAMINATION OF WIFE CORPORAL PUNISHMENT

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POURMOLA SEYYED MUHAMMAD HASHEM; JALALI HASSAN

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Journal: Jurisprudence and Fundamentals of Islamic Law Year:2015 | Volume:48 | Issue:1 Page(s): 45-61

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Information Journal Paper

Title

JURISPRUDENTIAL EXAMINATION OF WIFE CORPORAL PUNISHMENT

Author(s)

POURMOLA SEYYED MUHAMMAD HASHEM | JALALI HASSAN | Issue Writer Certificate

Keywords

AVOIDINGQ1

BEATING (DHARB)Q2

BEATING THE WIFEQ2

CORPORAL PUNISHMENTQ1

SHREWISHQ1

Abstract

The word "beating" (dharb) has several meanings that some of which are figurative and some are real. Whereas the husband is allowed to beat his shrew wife according to the Quran and traditions in addition to the jurisprudential decrees as one of the (allowed) punishments in facing such wives; the question is if God intended the corporal by punishment "beating" according to which the most of the jurists tended to it, or He intended the figurative meaning which is ‘AVOIDING’? Based on practicing religious jurisprudence method in addition to some testimonies and witnesses, it is proved that God intended the real meaning of "beating" word in the verse of "beating the shrew wives". So, the doubts propounded in this field should not be heeded. Of course, it should be regarded that the CORPORAL PUNISHMENT is considered to be selected in the final stage in facing the shrew wife as a non-obligatory alternative however, it is recommended to the husband to forgive his shrew wife. Furthermore, possibility of using another logical approach which psychologists and sociologists recommend all show that the Holly lawgiver regards to real meaning of mentioned instruments and there is no need in this field to understanding contrary to the popularity.

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APA: Copy

POURMOLA, SEYYED MUHAMMAD HASHEM, & JALALI, HASSAN. (2015). JURISPRUDENTIAL EXAMINATION OF WIFE CORPORAL PUNISHMENT. FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA), 48(1 ), 45-61. SID. https://sid.ir/paper/198558/en

Vancouver: Copy

POURMOLA SEYYED MUHAMMAD HASHEM, JALALI HASSAN. JURISPRUDENTIAL EXAMINATION OF WIFE CORPORAL PUNISHMENT. FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA)[Internet]. 2015;48(1 ):45-61. Available from: https://sid.ir/paper/198558/en

IEEE: Copy

SEYYED MUHAMMAD HASHEM POURMOLA, and HASSAN JALALI, “JURISPRUDENTIAL EXAMINATION OF WIFE CORPORAL PUNISHMENT,” FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA), vol. 48, no. 1 , pp. 45–61, 2015, [Online]. Available: https://sid.ir/paper/198558/en

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