VOILENCE AGAINST WOMEN
Domestic violence remains a pervasive issue affecting millions of individual’s worldwide, cutting across cultural, religious, and social boundaries. Within the Islamic context, the misinterpretation of religious texts has sometimes been used to justify or perpetuate domestic abuse. However, a closer examination of Islamic law reveals a clear condemnation of such violence and a commitment to promoting harmony and respect within marital relationships.
Islamic law, shaped by the Quran and the example of the Prophet Muhammad (SAW), serves as the foundational framework for understanding marital dynamics. The Quranic verses emphasize the importance of love, compassion, and mutual respect between spouses. For instance, Quran 30:21 underscores the role of spouses as sources of tranquillity for each other, while Quran 4:19 instructs men to treat their wives with kindness and equity. Moreover, Prophetic traditions highlight the Prophet’s aversion to violence against women, emphasizing his respect and protection of women’s rights.
A key verse often cited in discussions about domestic violence is Quran 4:34, which outlines a process for addressing marital discord. However, scholars caution against simplistic interpretations of this verse, emphasizing the need for expert guidance and contextualization. While the verse permits a husband to take certain measures if faced with a defiant wife, scholars argue that physical violence is neither condoned nor encouraged. Instead, these measures are intended to de-escalate conflicts and restore harmony within the marriage.
Throughout Islamic history, scholars have consistently rejected the notion of husbands inflicting harm upon their wives. Early jurists like ʿAṭāʾ ibn Abi Rabah and al-Darimi interpreted Quran 4:34 as symbolic gestures of displeasure rather than physical punishment. Subsequent scholars, including Ibn Hajar and Ibn Ashur, reinforced this interpretation, affirming the prohibition of violence against women within Islamic law.
Modern scholarship continues to uphold these principles, with scholars like Abdul karim Zaydan denouncing domestic violence as a form of oppression contrary to Islamic teachings. Legal developments, such as those articulated by al-Mahdi al-Wazzānī, demonstrate a commitment to protecting women’s rights and holding perpetrators accountable for their actions.
Moreover, historical court records shed light on the active role of women in seeking justice for domestic abuse. Ottoman court rulings from Aleppo in the seventeenth century, for example, illustrate the judiciary’s commitment to safeguarding women’s well-being and punishing abusive husbands.
In contemporary times, Muslim communities are increasingly recognizing the urgency of addressing domestic violence. Initiatives such as exposing convicted abusers and establishing shelters demonstrate a collective commitment to supporting victims and combating abuse within religious contexts.
Ultimately, the impermissibility of domestic violence in Islam reflects a broader commitment to justice, compassion, and respect for human dignity. By upholding these principles and promoting awareness within religious communities, Muslims can contribute to creating a safer and more equitable society for all individuals, regardless of gender or marital status.
Further Reading:
- “Domestic Violence National Statistics,” National Coalition Against Domestic Violence, 2015.
- Judith Tucker, In the House of the Law: Gender and Islamic Law in Ottoman Syria and Palestine (Berkeley: University of California Press, 1998), 4.
- Mona Siddiqui, review of In the House of the Law: Gender and Islamic Law in Ottoman Syria and Palestine, by Judith Tucker, American Society for Legal History (2001), 476.
- Marie Fortune, Salma Abugideiri, and Mark Dratch, “A Commentary on Religion and Domestic Violence,” www.faithtrustinstitute.org, 2010.
- Wael Hallaq, An Introduction to Islamic Law (Cambridge: Cambridge University Press, 2009), 8.
- Jonathan Brown, Misquoting Muhammad (London: Oneworld Publications, 2014), 274.
- Hammudah Abd al-Ati, The Family Structure in Islam (Brentwood: American Trust Publications, 1977), 158.
- Elyse Semerdjian, “Domestic Violence: Ottoman Empire” in the Encyclopedia of Women and Islamic Cultures, ed. Suad Joseph et al.
- Al-Mahdī al-Wazzānī, al-Nawāzil al-jadīdah al-kubrā vol. 3, ed. ʿUmar b. ʿAbbād, 10 vols. (Rabāṭ: Wizārat al-awqāfwa-al-shuʼūn al-islāmīyah, 1997).
(Author is Assistant Professor, Fish Genetics and Breeding, School of Agriculture and Allied Sciences, TNU-Kolkata WB. Email: [email protected])
