The Foundational Concept of Domestic Violence Legislation: A Critical Analysis in the Light of the Qur'an and Sunnah

گھریلو تشدد كے قوانین كا بنیادی تصور ؛ قرآن و سنت كی روشنی میں تحقیقی جائزہ

Abstract

The family constitutes the fundamental unit of society, serving as the cornerstone upon which the broader social structure is built. The institution of the family is formed through the union of man and woman. Men and women are inherently endowed with distinct natural abilities; these capacities are embedded within them from birth. Due to his inherent physiological and psychological attributes, man tends to exhibit a predisposition toward dominance and authority. Historically, this inclination has often resulted in the violation of women's rights and their systematic exploitation. In pre-Islamic Arab culture, the existence of women was frequently regarded as a source of shame and dishonor. In certain religious and cultural traditions, even a woman's right to life was subject to denial for example, in some cases, a widow was required to die upon her husband's death, as observed in the practice of sati. Similarly, in many Western societies, women were long deprived of their fundamental rights and freedoms. In reaction to such injustices, various movements advocating for human rights emerged. These movements gradually expanded their focus to include women’s rights, ultimately giving rise to organized feminist movements under the banner of women’s liberation. As a result of these efforts, women attained numerous legal and social rights. However, this shift also redefined gender dynamics, positioning women as counterparts in opposition to men. The family institution intended to function as a collaborative endeavor was adversely affected by mutual confrontation and power struggles. In an attempt to maintain traditional authority, men often resorted to physical force. Consequently, despite the recognition of many rights, women continued to suffer from various forms of abuse and violence. To address this emerging reality, the concept of legal protection from domestic violence was introduced. Initially, international treaties and conventions were drafted, and subsequently, individual states were obligated to enact corresponding domestic legislation. This research paper aims to critically examine the effectiveness and ideological underpinnings of such legislation. Key questions explored include:

• To what extent have these laws secured women’s legitimate rights?
• What are the foundational principles underlying domestic violence legislation?
• What directives do the Qur’an and Sunnah provide regarding the protection and stability of the family unit?
• How should contemporary domestic violence laws be assessed in light of Islamic teachings?

Keywords: Domestic Violence, Legislation, International Conventions