The husband's right to discipline his wife

Abstract

The husband’s discipline of his wife is a right prescribed by the Sharia, but it is conditioned discipline with conditions that make this discipline intended to preserve the family institution from disintegration and scattering, so the Islamic Sharia entrusted the husband, the guardian of the family, with the task of disciplining the disobedient and disobedient wife and deviating from the family’s values ​​and constants of mutual respect and obedience in what is good. And a sense of responsibility. This discipline goes through three sequential stages, starting with exhortation and dialogue, passing through abandonment in the beds, and ending with beating. As for the sermon, it is a quiet dialogue followed by a threat of abandonment. As for desertion, it is desertion, either verbally or desertion from sexual intercourse, and desertion is only in the marital bed. As for the beating, it is a light, harmless beating, and it may be described as a moral and psychological beating. It is intended exclusively for reform, so it is not permissible to resort to any means of discipline unless it is intended to return the wife to the institution of the family and to live together in a decent life based on affection and respect. The Iraqi legislator adopted the opinion of Islamic jurisprudence in the Iraqi Penal Code and made discipline a right of the husband in Article 41 thereof. As for the legislator in the Kurdistan region, the wife was excluded from the discipline clause. It seems that what the legislator followed in the Iraqi Penal Code is more likely.