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Making
Domestic Violence a Crime in Muslim Countries
Since the 1970s, over (50) countries have enacted legislation
making domestic violence a crime. Violence within marriage is
now considered a public policy issue and state intervention within
the private sphere is legitmised by changing social attitudes,
new legislation and new police powers that recognize domestic
violence as a crime.
Malaysia, in 1996 became the first Muslim country among the 57
members of the Organisation of Islamic Conference (OIC) countries
to enact a domestic violence law which makes domestic violence
a crime. In 1998, the Turkish Parliament enacted Law no 4320 on
the Protection of Family, which enables a woman to obtain a protection
order to remove the offender from the home or workplace. It does
not however provide for prosecution of offenders.
Just this September 2004, the Indonesian Parliament passed the
Elimination of Domestic Violence Law during its last sitting of
its just ended parliamentary term. This is a progressive law which
makes physical, psychological, and sexual violence and economic
abandonment offences under the Act. Sexual violence against a
wife is also an offence. The Act also covers violence against
domestic workers. This is a major success for the women's movement
in Indonesia which drafted the law and lobbied effectively for
the passage of the bill, against opposition from certain Islamic
parties and the executive branch of government, especially against
the section on sexual violence against a wife.
Women's groups in several other Muslim countries are also campaigning
for domestic violence legislation. In Punjab, Pakistan, the Punjab
Prevention of Domestic Violence Bill, 2003, introduced by the
state government is being finalised by a standing committee of
the National Assembly. In Lebanon, women's groups are lobbying
the government for the enactment of a Domestic Violence Act. The
campaign to enact legislation against domestic violence in Muslim
countries faces particular challenges, foremost the traditional
argument used that such a law is against Islam which permits a
husband to discipline his wife. This argument is based on a traditionalist
interpretation of Verse 4:34 in the Qur'an.
The articles and links provided below give a range of materials
which we hope will be useful for groups planning to campaign for
domestic violence legislation and the need to build public support
for such a law in Muslim societies.
The materials listed include:
Differing and alternative interpretations of Verse 4:34
Kecia Ali: Muslim Sexual Ethics: Understanding a Difficult Verse,
Qur’an 4:34
Sisters in Islam: Are Muslim Men Allowed
to Beat Their Wives?
Sa’diyya Shaikh: Exegetical
Violence: Nushuz in Qur’anic Gender Ideology
(permission given)
Edip Yuksel:
Beating Women, or Beating Around the Bush, Or…
Fatimah Khaldoon: Qur'anic Perspective
on Wife Beating and Abuse
Campaigning for a Domestic Violence Act
Women's Aid Organisation
(WAO): Malaysian Women's Campaign for the Domestic Violence Act
Sisters in Islam Letter to
the Editor: Domestic Violence is a Criminal Act
WAO: Monitoring the Domestic
Violence Act
Women for Women’s Human Rights New
Ways, Turkey: Justification on for a Domestic Violence law on
the Protection of the Family
BAOBAB: National Human Rights Tribunal on Violence Against Women in Nigeria
Domestic Violence Against Women and Girls; written by Radika Coomaraswamy in Innocenti Digest 6 (Links)
Domestic Violence in Muslim societies/communities
Muslims
Against Domestic Violence
Lisa Hajjar:
Domestic Violence and Shar’ia: A Comparative Study of Muslim Societies
in the Middle East, Africa and Asia
Sharifa
Alkhateeb: Ending Domestic Violence in Muslim Families
An Imam’s Guide to Dealing with
Domestic Violence in the West
Domestic Violence Legislation in Muslim Countries
The
Domestic Violence Act, 1994, Malaysia
Law
No.4320 on the Protection of the Family, 1998,Turkey.
Other Domestic Violence Laws (Links)
The Violence Against Women Monitor (Links)
Documents in Arabic
Al-Arabiya
- Domestic Violence
Al-Jazeera
- Domestic Violence
Aman Jordan -
Violence Against Women Study
Free Muslim
- Domestic Violence
Rezgar - Violence Against
Women
Tharwa Project
- Violence Against Women Syria
VAW in the Arab
World
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