Academic journal article Asian Social Science

Problem of Domestic Violence and Its Solutions in the Light of Maqasid Shariah

Academic journal article Asian Social Science

Problem of Domestic Violence and Its Solutions in the Light of Maqasid Shariah

Article excerpt

Abstract

The spread of family problems in the contemporary period leads to divorce and family disengagement in society; the study revolves around the emergence of social problems resulting from wife's work outside home which makes her neglects her certain rights and obligations. Moreover, cases of domestic violence have increased such as beating and verbal abuse in all its forms. Accordingly, the study lies in building a happy family which is the first nucleus of society whose integrity and corners must be protected, and also highlights the role of maqasid shariah in solving problems of modern family; thus, the study aims at highlighting the rights and obligations between spouses in accordance with Islamic law, and to identify the reasons and motivations that lead to the existence of these problems and how to solve them from the maqasid shariah perspective. The study adopted the inductive and analytical approach and looked into schools of Islamic jurisprudence, and discussed the views of the jurists through explaining their authorities in the issue, and discussed the points of agreement and disagreement, and then analyzed the texts and issues in the light of maqasid shariah. The result shows that the main reason for having family problems is the lack of knowledge of the spouses with rights and obligations and abiding by them. And that wife's work is permitted within limits and restrictions that are not contrary to maqasid shariah, and a working wife has to balance between her work and paying attention to family matters, and it also shows that domestic violence within the family is contrary to maqasid shariah that is based on love and compassion between the couple and that occurs as a result of ignorance of the shariah secret in building a family; and it is compulsory on each of them to abide by the shariah teachings and stick to its maqasid (purposes) and to implement them in the family life, and with this, family life will last in the obedience of Lord Allah (swt).

Keywords: problem of domestic violence and its solution in the light of maqasid shariah

1. Preface

Although, domestic violence was known in the ancient human societies, but discussing it was not as strong as it is today. This is due to many factors, such as globalization of the issue of violence and attempt to find global solutions to it, even if these solutions are not in line with religious beliefs of some nations, such as the issue of wife-beating, nonstop birth, polygamy and some other issues that some are trying to raise suspicion about them in order to reject resorting to shariah in finding their solutions but to replace the shariah with the man-made law. Also, some global women associations and organizations advocate for women's rights, including the issues of violence against women in the family and society. Some of these women's groups question the validity of Islamic law and demand the modification of some rulings that encourage violence in their eyes. Again, the spread of media and the media's openness which focuses on this violence and highlights some of the cases that occur from time to time is another factor. Furthermore, there are shortcomings from Islamic scholars, cultural and educational institutions in showing the truth of Islamic law and its purposes in establishing a Muslim family and cooperation between its members, and to overcome traditions and customs prevailing over the true Islamic values in most Islamic societies, with the spread of misconceptions attributed to Islam either wrongly or deliberately or out of ignorance. This part will address several issues related to maqasid shariah against violence by husband towards wife and vice versa, and violence towards children, elderly and maids.

2. Concept of Violence Literally and Technically, and Its Reasons and Types

Literal definition of violence: violence in Arabic refers to something that is not praised and not encouraged by the Shariah, because the shariah incites kindness, simplicity and softness, and violence is on the contrary. …

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