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Domestic Violence against Women and How It Affect Muslim Families

Presentation · January 2018

DOI: 10.13140/RG.2.2.24913.20320

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 DEPARTMENT OF ISLAMIC STUDIES
SCHOOL OF POSTGRATUATE STUDIES
UMARU MUSA YAR’ADUA UNIVERSITY, KATSINA

Domestic Violence against Women and How It

Affect Muslim Families

BY
YUNUSA ALIYU
PHD/ISL/16/0120

POSTGRADUATE SEMINAR PRESENTATION, PRESENTED AT

PG SEMINAR ROOM, DEPARTMENT OF ISLAMIC STUDIES
FACULTY OF HUMANITIES, UMARU MUSA YAR’ADUA
UNIVERSITY, KATSINA

DATE: 31/01/2018
VANUE: B09 LECTURE HALL FACULTY OF HUMANITIES

1
Abstract:

In recent times, Nigeria has experienced a growing and disturbing trend of domestic violence

against women. This violence can take the form of physical assault, psychological, social and

financial abuse; it could also be in the form of sexual assault. Research reveals that there is a

preponderance of domestic violence cases especially in underdeveloped countries. This is shallow

and bestial mentality of abusing the rights of women have been a major concern to the

international community. Women are at the receiving end of the major cases of abuse in Nigeria.

Amongst all the forms of abuse, physical and sexual abuse seems to top the chart in our dear

country. This paper aims at discussing the domestic violence against women and it affect Muslim

families. The study reveals that women who are victims of domestic violence prone to

psychological imbalance. Using the primary and secondary sources of information, the paper

interpret the Islamic position on the domestic violence against women. The paper recommends

that religious leaders should teach and preach to the Muslims the message of justice on women as

described by Qur’an and Hadith.

Ker words: women, Islam, domestic, domestic violence.

2
 ‫بسم هللا الرحمن الرحيم وصلى هللا على النبي الكريم‬

Introduction:

Across the world, domestic violence is clearly making the headlines. In Nigeria, for instance, such

headlines include: “Judge sentences man to death for killing wife”; “Husband pours acid on wife”;

“67-year-old man defiles eight-year-old girl”; “Wife stabs husband to death” and many more.

Whilst women, men, boys and girls can be victims of domestic violence, women and girls are

disproportionally affected. Common forms of violence in the home are perpetrated by males who

are in positions of trust, intimacy and power over the female partners, like husbands, boyfriends,

fathers, fathers-in-law and mothers-in-law, stepfathers and stepmothers, uncles among others.

According to the United Nations Office on Drugs and Crime, nearly 2.5 million cases of sexual

violence were reported globally in 2014, with many countries reporting more than 100 instances

of rape or sexual assault per 100,000 people.1

Conceptual Definition:

Domestic violence also named domestic abuse or family violence is a pattern of behavior which

involves violence or other abuse by one person against another in a domestic setting, such as in

marriage or cohabitation. It may be termed intimate partner violence when committed by a spouse

or partner in an intimate relationship against the other spouse or partner, and can take place in

heterosexual or same-sex relationships, or between former spouses or partners. Domestic violence

can also involve violence against children, parents, or the elderly, and may be done for self-

defense. It takes a number of forms, including physical, verbal, emotional, economic, religious,

reproductive, and sexual abuse, which can range from subtle, coercive forms to marital rape and

1
Addressing the scourge of domestic violence, PUNCH, Published June 21, 2017, retrieved from:
http://punchng.com/addressing-the-scourge-of-domestic-violence/ 12/1/2018

3
to violent physical abuse such as choking, beating, female genital mutilation and acid throwing

that results in disfigurement or death2.

UN defined Domestic Violence as “a form of violence that occurs in private life between

individuals who are generally commented by sexual intercourse or by blood relation”.3

It is also defined as any act of violence that occurs within the private sphere, especially between

individuals who are related through intimacy, blood or law and perpetrated most often by men

against women.4

Forms of Domestic Violence:

The following are some forms of domestic violence:5

Social violence: defined as acts of controlling behaviour, such as preventing someone from seeing

friends or family; stopping someone from leaving the house; requiring to know where someone is

at all times; stalking; spreading false information, videos or photos without permission; or forcing

women to have an abortion.

Physical violence: this include, slapping, pushing, shoving, hitting, kicking, dragging or throwing

objects at someone; choking, strangling or burning someone; using a weapon, hazardous chemicals

or substances against someone; or kicking.

Sexual violence: defined as acts of unwanted sexual comments or physical contact; rape by

physical force, or otherwise forced sex (for instance, by blackmail or threats); denial of using

protection during sex; a sexual partner hiding their HIV status; sexual acts and intercourse that

2
https://en.wikipedia.org/wiki/Domestic_violence retrieved on 30/1/2017
3
United Nation (1993), declaration on Elimination on violence against women.
4
Ibrahim, O.U. “Muslim women and Domestic Violence in Nigeria: The Position of Shariah”, in Beyond the Veil:
Muslim Women in Sub- Saharan Africa, (Ed) Kilani, A.O., 2014.
5
https://guardian.ng/guardian-woman/various-forms-of-violence-against-women/ retrieved on 12/1/2018

4
were performed on the basis of feeling there was no option; or penetration with an object against

someone’s will.

Psychological violence: defined as the use of insults, belittling or humiliation in private or in front

of others; threats of abandonment; being ignored or treated indifferently; intimidations and acts

aimed at scaring someone; threats of using weapons against someone; or threats of hurting

someone or someone one cares about.

Economic violence: defined as the denial of household money for expenses (chop money) even if

enough financial means are available; unsolicited taking of money; control of belongings and

spending decisions; damage to or destruction of someone’s property; denial of the right to work;

forcing someone to work against their will; or denial of food and other basic needs. Economic

abuse diminishes the victim's capacity to support themselves, increasing dependence on the

perpetrator, including reduced access to education, employment, career advancement, and assets

acquirement. Forcing or pressuring a family member to sign documents, to sell things, or to change

a will are forms of economic abuse.

RELIGIOUS ABUSE: Any tactics that exert power and control over a woman’s spirituality and

religious orientation. That is, choosing where she can or cannot worship, dictating how she should

and should not worship. It also involves using religion to justify abuse or dominance, using church

position to pressure for sex or favours and to cover up domestic violence. This is happening every

day.

Effects of Domestic Violence

Domestic violence causes immediate devastating consequences to those affected: physical injuries,

mental health problems and poor well-being. Some chronic health conditions that have been linked

to victims of domestic violence are arthritis, irritable bowel syndrome, chronic pain, pelvic pain,

5
ulcers, and migraines. Victims who are pregnant during a domestic violence relationship

experience greater risk of miscarriage, pre-term labor, and injury to or death of the fetus.

It also has long-term, far-reaching effects, including persistent inequalities between men and

women, which limit women and girls’ abilities to fulfil their potential. Those who experience

domestic violence have longer-term poor physical and mental health, higher risk of contracting

HIV and sexually transmitted diseases, and restricted choices in terms of accessing education and

jobs. It is also likely that they will have lower levels of education, income and productivity. These

consequences are not only life-changing for the women concerned, but also for their families,

communities and wider societies, as gender inequalities become entrenched.

New research illustrates that there are strong associations between exposure to domestic violence

and abuse in all their forms and higher rates of many chronic conditions.6

Islamic Position on Domestic Violence

Islamic position on domestic violence is drawn from the Qur’an, prophetic practice (sunnah), and

contemporary legal verdicts (fatwas).

The Qur’an and prophetic practice clearly illustrate the relationship between spouses. The Qur’an

says the relationship is based on tranquillity, unconditional love, tenderness, protection,

encouragement, peace, kindness, comfort, justice and mercy.

)‫(أحل لكم ليلة الصيام الرفث إلى نسائكم هن لباس لكم وأنتم لباس لهن‬

It has been made lawful for you to go to your wiveson the night of the fast: they are like a garment for
you, and you are like a garment for them…. (2:187)

It indicates that marriage is a sharing between two halves of society, and that its objectives, besides

perpetuating human life, are emotional wellbeing and spiritual harmony. In fact, an entire chapter

6
https://en.wikipedia.org/wiki/Domestic_violence retrieved on 30/1/2017

6
exclusively entitled "The Women" describes guidelines of behaviour, code of ethics and conflict

resolution in all aspects (e.g. care, inheritance, marriage, divorce, conflict resolution, etc) that

relate to women (4:1-176).

The precedent of a marital relationship based on care, mercy, kindness, mutual consultation

and justice was set by direct examples from the life of Prophet Muhammad (S.A.W) and is well

documented in the books of hadith. The Prophet Muhammad said, "The believers who show the

most perfect faith are those who have the best behaviours, and the best of you are those who are

best to their wives."7

In reference to the relationship between husband and wife, Abu Hurairah, a leading companion,

says that he heard Prophet Muhammad saying, "A believer should bear no malice to his wife, if he

dislikes one of her habits, he likes another of them."

It is well established that Prophet Muhammad never hit his wives, although they argued with him

and held different opinions to him. He described the best men as those who are best to their wives,

strongly reprimanding men who hit their wives and then would have intimate relations with them

later.

The Prophet, Muhammad (S.A.W), set direct examples of these ideals of a marital

relationship in his personal life. There is no clearer prophetic saying about a husband’s

responsibility toward his wife than his response when asked:

Give her food when you take food, clothe her when you clothe

yourself, do not revile her face, and do not beat her.8

1410 ، ‫ دار الكتب العلمية – بيروت الطبعة األولى‬،‫ شعب اإليمان‬،‫البيهقي‬ 7

1994 - 1414 ، ‫ مكة المكرمة‬- ‫ مكتبة دار الباز‬،14556 :‫ سنن الكبرى حديث رقم‬،‫ أحمد بن الحسين بن علي بن موسى‬،‫البيهقي‬ 8

7
He further stressed the importance of kindness toward women in his farewell pilgrimage. He

equated the violation of their marital rights to a breach of the couple’s covenant with God.

Abusive behaviour towards a woman is forbidden because it contradicts the objectives of Islamic

jurisprudence – specifically the preservation of life and reason, and the Qur’anic injunctions of

righteousness and kind treatment.

Domestic violence is addressed under the concept of harm (darar) in Islamic law. It

includes a husband’s failure to provide obligatory financial support (nafaqa) for his wife, a long

absence of the husband from home, the husband’s inability to fulfil his wife’s sexual needs, or any

mistreatment of the wife’s family members. Islam allows an abused wife to claim compensation

under ta’zir (discretionary corporal punishment).

Further, under the legal concept of darar, the Ottoman courts decreed that an abused wife

was able to annul her marriage contract and the most important proof needed was to show that the

husband had broken the marriage contract or that the marriage caused the woman harm. Therefore,

physically assaulting a wife violates the marriage contract and is grounds for immediate divorce.

Research based on Shari'ah records from the Ottoman courts contains evidence of the ability of

women to seek retribution when subjected to abuse.9

In 1687 the Shari'ah courts of Aleppo ruled against abusive husbands in several cases of

domestic violence. For example: "In one court case from May 1687 Fatima bt Hajj, Ali filed a

lawsuit against her husband testifying that he was abusing her, he had hit her with a stick on her

body and on her mouth causing her to bleed. She claimed that he was constantly abusive. In her

defence she brought along five witnesses. The court reprimanded the abusive husband, ordering

that he be given ta'zir (discretionary corporal punishment)."10

9
http://www.abc.net.au/religion/articles/2010/07/11/2950543.htm
10
Ibid

8
 Clearly, the Islamic position is one where domestic violence is forbidden by Prophetic

Traditions, and is sanctioned against in the legal texts. Accordingly, any violence and coercion

used as a tool of control or subjugation in the home is oppression and is unacceptable in Islam,

even if sanctioned by cultural practices.

It is unacceptable for beating to be carried out except in a legal situation where capital

punishment exists within the Islamic legal code. Any form of violence that results in the shedding

of blood, breaking bones or causing wounds requires ta'zir, and is valid grounds for a wife to annul

her marriage contract.

What about Verse 4:34?

One may ask if Islam condemns all forms of violence against women, what about Verse 4:34 of

the Qur’an? One translation of this verse reads:

“Men are in charge of women by [right of] what Allah has given one over the other and

what they spend [for maintenance] from their wealth. So righteous women are devoutly

obedient, guarding in [the husband’s] absence what Allah would have them guard. But

those [wives] from whom you fear arrogance - [first] advise them; [then if they persist],

forsake them in bed; and [finally], strike them. But if they obey you [once more], seek no

means against them. Indeed, Allah is ever Exalted and Grand.” Q4:34

This verse is specifically addressing the legal issue of nushuz, which means a wife’s disobedience

or misbehavior.

This is important because, as a general principle, a wife is entitled to financial support (nafaqa)

from her husband as per Islamic jurisprudence guidelines. The only time she forfeits this right is

if she is guilty of nushuz.

9
Scholars have made some to stipulated strict conditions that govern wadribuhunna, which is a last

resort in a seriously dysfunctional marriage that is due to the nushuz of the wife.

So, any violence and coercion against women that is used to control or subjugate is considered to

be oppression and is unacceptable in Islam even if it is sanctioned by cultural practices. 11

Conclusion

Domestic Violence is the misuse of power by one adult in a relationship to control another. It is

also the establishment of fear in a relationship through violence and other forms of abuse.

This violence can take the form of physical assault, psychological, social and financial abuse; it

could also be in the form of sexual assault. It has devastating consequences to those affected:

physical injuries, mental health problems and poor well-being. It also has long-term, far-reaching

effects, including persistent inequalities between men and women, which limit women and girls’

abilities to fulfil their potential. Those who experience domestic violence have longer-term poor

physical and mental health, higher risk of contracting HIV and sexually transmitted diseases, and

restricted choices in terms of accessing education and jobs.

Recommendation

The paper recommend the following:

1. Violence against women is a violation of human rights, the society need to come together

and fight any subjugation of rights.

11
http://theconversation.com/explainer-what-islam-actually-says-about-domestic-violence-77245 retrieved on
30/1/2018.

10
2. The religious leaders should teach and preach the Muslims the message of justice on

women and family issues as described by Qur’an and Hadith.

3. Women should be introduced in to entrepreneurship in order to avoid full economic

dependence on on their families and relations.

4. It is recommended that Muslims should practice the teachings of Islam in their day-to-day

lives.

11
 References:

Anuja, S., Rights Of Women Against Domestic Violence the Law And Emerging Challenges, a

Thesis submitted to the Cochin University of Science and Technology, for the award of

the degree of Doctor of Philosophy in the Faculty of Law, 2013.

Ibrahim, O.U. “Muslim women and Domestic Violence in Nigeria: The Position of Shariah”, in

Beyond the Veil: Muslim Women in Sub- Saharan Africa, (Ed) Kilani, A.O., 2014.

Muhammad, A.S. Islam on Domestic Violence Against Women in Nigeria, conference proceedings

First International Conference, Department of Islamic Studies, Nasarawa state university,

Keffi, (Ed) Kilani, A.O., 2016.

PUNCH, Published June 21, 2017, retrieved from: http://punchng.com/addressing-the-scourge-of-

domestic-violence/ 12/1/2018

United Nation (1993), Declaration on Elimination on violence against women.

1410 ، ‫ دار الكتب العلمية – بيروت الطبعة األولى‬،‫ شعب اإليمان‬،‫ أحمد بن الحسين بن علي بن موسى‬،‫البيهقي‬

- 1414 ، ‫ مكة المكرمة‬- ‫ مكتبة دار الباز‬،14556 :‫ سنن الكبرى حديث رقم‬،‫ أحمد بن الحسين بن علي بن موسى‬،‫البيهقي‬

1994

http://www.abc.net.au/religion/articles/2010/07/11/2950543.htm

http://theconversation.com/explainer-what-islam-actually-says-about-domestic-violence-77245 r

https://en.wikipedia.org/wiki/Domestic_violence

https://guardian.ng/guardian-woman/various-forms-of-violence-against-women/

https://en.wikipedia.org/wiki/Domestic_violence

12

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