Abstract
The fact that domestic violence against children or women exists in Shia communities across the Muslim World cannot be denied, however the causes of such violence are not different from other communities. In fact, personal, geographical, cultural and economic issues are considered to be as effective elements in domestic violence as in other parts of the globe and, like there, this violence sometimes is justified through the misinterpretation of the contexts of religious sources. Religion should be studied in its entirety together with all its rulings and conditions, however in justifying violence and promoting acts of force based on religion, the emphasis is only on those interpretable subjects that indeed have selective and personal aspects. Family issues in the Shia tradition depend on a dynamic jurisprudence. Hence, some jurisprudents have attempted to interpret religious laws in a correct and up-to-date manner and expressed some new thoughts about women, such as equalizing the amount of blood money between men and women, preferring women over men as caretakers of children, or disapproving of ill-treatment of women by men. These new approaches have been reflected in the laws of Iran as the most populated Shia State. The method of the current research is an analytical method based on Islamic sources combined with a statistical approach. The current research focuses on the basis of justice in Shia families and the causes of domestic violence. The findings of this research show that the justice in Shia families is based on the balance of rights instead of equity.
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- 1.
See also: Al-Talebi (2005), pp. 65–75: The author is a Sunni religious scholar who believed that based on historical and sociological conditions, women beating was permitted, but now by disappearing of such conditions it should be absolutely prohibited.
- 2.
In traditional approaches, when the husband passes away, and the wife is the only heir, she would receive only one fourth of her husband's wealth, and the rest would belong to the Islamic governor.
- 3.
Since 1994, Malaysia has determined to make some laws for protecting women and children being victimized by domestic violence. It must be also noted that these specific laws must be interpreted and followed in accordance with the context of criminal law. The Anti-Domestic-Violence Law, was enacted in 1994, and since its enactment came into force. Certainly, Malaysia laws on regulating domestic violence may not go against the fundamentals of Islam. As said, Malaysia is a country with a maximum population of Muslims and is sensitive to the protection of the Islamic principles.
References
Abu-Soleima, A. H. A. (2001). Hit the woman a way to resolve marital disputes. Islamic Knowledge, 24, U.S.A.
Ahmadi, B., Shams, M., Shariat, M. Ebrahimpour, A., Pourreza, A., Mahmoodi, M., & Younesian, M. (2008). The viewpoints of women and men in tehran and experts on domestic violence against women in Iran. The Journal of Health University and the Institute of Health Research, 2, 67–81. Tehran, Iran.
Al-Talebi, M. (2005). Women punishment by beating: historical approach from the An-Nisa Verse 34 and 35 Qur’an. Translate to Farsi: Mehdi Mehrizi, Baztab Andisheh, 64.
Bousquet, G. H. (1975). l’Etique sexulle de l’Islam, Nouvelle edition, Parise, France.
Javadi Amuli, A. (1999). Women in the mirror of glory and beauty. Osra Publication, Tehran, Iran.
Mirshamsi, F. (2001). The principles of women’ rights and obligations in marriage from viewpoint of Imamites Jurisprudence. Islamiyeh Publication, Tehran, Iran.
Motahari, M. (2003). The women’s rights in Islam. Sadra Publication, Tehran, Iran.
Mousavi Bojnourdi (2003), Interview, http://www.mashreghnews.ir/fa/news/302665
Mousavi Bojnourdi, M. (2006). Violence against women from the religion perspective, Baztab Andisheh, 64. Tehran, Iran.
Mousavi Khoee, S.A., Mabani Takalomeh Al-mekhaj, Najaf Publication, Matbaeh Al-adaab, Baghdad, Iraq.
Mughniyah, M. J. (1987). Comparative jurisprudence of the five religious schools (K. Pourjavadi, Trans.). The Islamic Foundation Publication, Qume, Iran.
Satari, J. (1996). Woman’s personality in the Iranian culture (2nd ed.). Markaz Publication, Tehran, Iran.
Tabatabai, M. H. (1976). Sprituality of Shiism. Qum, Iran.
Tabatabai, M. H. (1996). Tafsir Al-Mizan. Qum, Iran: The Islamic Publication Office.
The Anti-domestic Violence Act in Pakistan, 2013.
The civil law code of Iran, 1928.
The Domestic Violence Act in Malaysia, 1994.
The Islamic Penal Code of Iran, 2013.
The Law on Elimination of Violence against Women in Afghanistan, issue (989), 2009 Ministry of Justice, Islamic Republic of Afghanistan.
The Law on the Protection of Women from Domestic Violence in Lebanon, 2010
Women and Penal Law: Collection of articles, the results of working group efforts, and the documents from the First International Conference on Women’s Rights and Penal Law in the Past, Present and Future, 2004; under supervision of Dr. Mehra, N. Salsabil Publication. (2005).
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Pakzad, B., Alipour, H. (2016). Justice and Family Issues in Shia: Dealing with Domestic Violence. In: Kury, H., Redo, S., Shea, E. (eds) Women and Children as Victims and Offenders: Background, Prevention, Reintegration. Springer, Cham. https://doi.org/10.1007/978-3-319-08398-8_25
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