Abstract:

Focusing on the theoretical and substantive works of the
ninth-century jurist al-Shafi'i, namely the Risala and the Kitab al-Umm,
this paper uses the Umm's treatment of husbands striking their
recalcitrant wives as a case study to show that the Umm follows the
Risala's methodological principles, but only up to a point. Al-Shafi'i
aims to reconcile the Qur'anic evidence permitting physical chastisement
with Muhammad's exemplary practice or sunnah discouraging men from
striking their wives. Yet in allowing an additional, non-scriptural
consequence for a wife's nushuz or recalcitrance, al-Shafi'i departs
from his stated intention to rely exclusively on revealed texts.

Author: Kecia Ali