Is the wife entitled to seek an annulment of the marriage (faskh) if her husband beats her, even though she stipulated in the marriage contract that he would not beat her, regardless of whether the beating was necessary due to her disobedience (nushuz) or without reason? And if the husband denies the beating, who is to be believed and what becomes of each of them?

A husband may discipline his defiant wife, as he is her maintainer (qawwam) and is not obligated to fulfill her condition of not hitting her if her defiance persists after admonition and abandonment in bed. The condition for hitting is that it must not be brutal. The wife's claim that her husband hit her is not accepted if he denies it, as the default is that there was no hitting. If a dispute arises, it should be referred to a Sharia (definition) judge. A husband hitting his wife does not nullify their marriage bond. Spouses should show mutual respect and avoid anything that disturbs the serenity of their marital relationship.