the third measure: he may strike her with a blow that is neither harsh nor injurious. He must avoid the face out of honour for it, stay clear of dangerous places such as the abdomen, and never exceed 10 light strokes; for in the two Ṣaḥīḥs it is related from Abū Burdah, from his father, that the Prophet ﷺ said, “None of you may flog above 10 lashes, except in one of Allah’s prescribed penalties.”
3 – When each spouse claims to have been wronged and open discord arises, the judge sends two arbiters: one from the husband’s family and one from the wife’s. They know better than outsiders the real causes of the conflict and are nearer to honesty and sincere counsel. They are authorised to do what is best—either to reconcile the couple or to separate them, with compensation or without—for Allah has called them "arbiters." The Exalted says: “If you fear a breach between the two, appoint an arbiter from his people and an arbiter from hers. If they desire reconciliation, Allah will bring about harmony between them. Surely Allah is All-Knowing, All-Aware” (Q 4:35).
4 – Shaykh al-Islām Ibn Taymiyyah said: The Lawgiver does not compel a woman to remain in a marriage she does not want. If she has come to detest her husband and discord has arisen, her case is transferred from the husband to someone else—one of her relatives who looks to her best interest, together with someone from his side who looks to his—so that she may be released from the marriage without his consent. How could she be held captive with him against her will?
5 – The ḥadith forbids harmful beating, and better still is to avoid striking altogether, for the Prophet ﷺ never struck a servant nor a woman, as recorded in the Shamāʾil of al-Tirmidhī and al-Nasāʾī.
- Resolution of the Council of Senior Scholars concerning recalcitrance (nushūz):
All praise belongs to Allah alone, and may blessings and peace be upon the one after whom there is no prophet. To proceed:
In accordance with the decision reached in the fourth session of the Council of Senior Scholars—to select the topic of nushūz among the subjects for which the Permanent Committee for Scholarly Research and Fatwas would prepare studies—a research paper was prepared and submitted to the Council of Senior