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Dealing with Family Violence and Methods of Preventing it
Author : Dr. Ahmad Al-Harasees
Date Added : 01-02-2022

Dealing with Family Violence and Methods of Preventing it

 

 

Family violence (also called domestic violence) has caused societal, economic, psychological, health-related issues since psychological complexes resulting from this type of violence usually develop into aggravated medical conditions, aggressive or criminal behavior, and those subjected to such violence are likely to inflict it on others. Loosening of family ties, lack of trust and insecurity may lead to the vanishing of the family altogether since it is the nucleus of society and any threat it faces-through this violence - will eventually lead to undermining society as a whole.

 

Therefore, among the key solutions for the phenomenon of family violence is compliance with the provisions of Islamic Sharia, adopting its teachings, and applying them in family life. This is starts from the moment of searching for a life partner, having children, and raising them in a certain manner. Actually, Islam isn`t limited to performing acts of worship; rather, it is a way of life. Consequently, it is necessary to clarify the purpose of Sharia behind the verses and prophetic narrations in which "beating" was mentioned to prevent misusing them in the name of Islam.

 

Being the nucleus in the upbringing process and providing its members with the correct behavior, the family has shouldered huge responsibilities in different areas in a bid to protect its members from this violence. Some of these responsibilities are:

 

  • Adopting informed dialogue amongst its members.
  • Treating children equally and satisfying their psychological, social, material, and behavioral needs.
  • Participating with children on the moral and physical levels through becoming best friends in order to instil confidence in their hearts.
  • Minimizing TV shows showing violent content through instilling principles and morality in them from an early age.
  • Following up on their academic progress and developing their creative skills and hidden talents.
  • Enhancing love of country and society.
  • Living with each other in kindness and equity.
  • Putting an end to the phenomenon of divorce.

 

Moreover, media plays a pivotal role in guiding and correcting behavior. This role crystallizes in allocating media channels to help the family overcome domestic violence and utilizing commercial breaks to broadcast awareness-raising messages. This is in addition to disseminating the culture of respect for the opposite sex, acquainting men with the rights of women, training the family on addressing problems along with raising mothers` awareness - through targeted programs-about age and stages of child`s development. Also, uncovering the reasons leading to this violence, preventing it, and highlighting this phenomenon through citation of evidence. Moreover, raising awareness of family about the adverse psychological and social effects of violence on both the individual and society. Further, printing and publishing booklets clarifying the psychological effect of this violence on the children.

 

The role of school is no longer limited to teaching since we live in an era that enabled man to learn through utilizing various means of communication. Accordingly, school must play a leading role in educating the community and guiding the behavior of its members via different programs that it prepares and projects that it adopts. School can help prevent domestic violence through raising the awareness of mothers and fathers. This can be achieved by addressing societal issues and finding the effective solutions, combating unusual behavior, emphasizing the importance of volunteerism, in addition to making voluntary contributions.

 

Raising awareness on the religious, social, intellectual, cultural, and legal levels, in addition to acquainting members of society with their rights and duties, is amongst the best means to end this phenomenon. However, this has to come in different forms, such as training, workshops, rehabilitation, lectures, booklets, brochures, conferences, seminars; utilizing all available means like media organizations as well as government and non-government institutions.

 

In this context, we stress the role undertaken by male and female spiritual guides and mosque preachers in terms of raising awareness and offering advice and guidance; particularly since our society is influenced by religious guidance and discourse, which are based on clear principles of Sharia.

 

Some of the key solutions that actively participate in curbing domestic violence are:

 

  • Offering the necessary advice and guidance to protect society from domestic violence.
  • Providing psychological, social, and familial counselling to members of families suffering from domestic violence.
  • Establishing a connection between the victims of domestic violence and the available counselling organizations through providing hotlines, which enable the latter to give assistance if needed.
  • Providing secure places for women and children to make them feel safe, even temporarily, and to enable specialists to provide the necessary assistance.
  • Teaching women and children to develop security plans inside and outside home.
  • Cooperating with family and children organizations to find solutions that suit each individual family.
  • Training children to have non-violent reactions to blow off some steam considering the violence they have been subjected to.
  • Teaching positive behavior to children to enable them control anger and negative emotions to help them form sound and safe relationships in the future.

And all praise be to Allah, The Lord of The Worlds.

 

 

The published article reflects the opinion of its author

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Summarized Fatawaa

Is the Saying "Whatever is Taken by the Sword of Shyness is Forbidden" an Authentic Ḥadīth?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The saying "Whatever is taken by the sword of shyness is forbidden" is not an authentic ḥadīth, though its underlying meaning is sound. The established sharʿī principle is that a Muslim's wealth is not lawful for anyone to take except with his wholehearted consent, as Allah the Almighty says {what means}: "O you who have believed, do not consume one another's wealth unjustly, but only [in lawful] business by mutual consent." [Al-Nisā/ 29] And the Messenger of Allah ﷺ said: "Listen to me and you will live well: do not wrong others, do not wrong others, do not wrong others. Indeed, a man's wealth is not lawful except with his full, willing consent." (Reported by Aḥmad in his Musnad.) Whatever is taken through the pressure of shyness or social embarrassment runs directly counter to genuine, wholehearted consent.
The jurists have explicitly stated that whatever is taken by means of the "sword of shyness" carries the same ruling as that which is taken by coercion — it must be returned to its rightful owner.
Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states in al-Fatāwā al-Kubrā (Vol.3/P.30): "Do you not see the reported scholarly consensus that whoever has something taken from him purely out of shyness, without his genuine consent, does not pass ownership of it to the one who took it? They reasoned that this constitutes a form of coercion through the 'sword of shyness,' comparable to coercion at the point of an actual sword. Indeed, many people would rather submit to the literal sword and endure the pain of its wound than submit to this first kind of coercion, out of fear for their dignity and standing — which people of sound judgment hold dear and guard most fiercely." And Allah the Almighty knows best.

What is the ruling of Islamic Law on a fictitious marriage for the purpose of obtaining citizenship?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no such thing in our noble sharīʿah as a "nominal" or "fictitious" marriage or divorce. Marriage and divorce are among the sacred ordinances of Allah, and it is not permissible to manipulate them or use them as a stratagem to obtain worldly gains.
The foundational purpose of a marriage contract is the permanence and continuity of the relationship between the spouses — to establish a family, and to bring forth righteous offspring. So sacred is this bond that Allah the Almighty Himself described it as a solemn covenant (mīthāq ghalīẓ), saying {what means}: "And if you wish to replace one wife with another and you have given one of them a great amount of wealth, do not take any of it back. Would you take it in injustice and manifest sin? And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?" [Al-Nisāʾ/ 20–21]
Accordingly, it is not permissible to resort to manipulation and deception in contracts that Allah, Mighty and Majestic, has described as a "solemn covenant" — all for the sake of material and worldly benefit. Marriage is built upon permanence and does not admit of a fixed time limit. If a time limit is stipulated in the contract, the contract is rendered invalid by the consensus of the jurists. Similarly, marriage is impermissible when there exists a mutual, concealed intention to limit its duration — even if no time limit is explicitly mentioned in the contract — for this constitutes a form of unlawful circumvention of the sharīʿah. This is to say nothing of the lying and deception that such conduct involves, the prohibition of which needs no elaboration. Lying, deception, and fraud for the purpose of obtaining worldly gains are among the gravest of sins.
If, however, the marriage contract is first concluded in a valid sharʿī manner and then registered civilly, it is sound and fully valid. And Allah the Almighty knows best.

Which is better during the day in Ramadan: reciting the Quran or performing voluntary prayers?

A Muslim should establish a daily schedule for reciting the Quran in Ramadan.
Once they have completed their daily portion (known as a wird or hizb), they can engage in other acts of worship, including voluntary prayers (nawafil). Prayer itself is called "Quran", because a significant part of it involves reciting the Quran.
Allah says: "BE CONSTANT in [thy] prayer from the time when the sun has passed its zenith till the darkness of night, and [be ever mindful of its] recitation at dawn: for, behold, the recitation [of prayer] at dawn is indeed witnessed [by all that is holy]." [Al-Isra`/78]

Can Zakah or Zakat al-Fitr be given to a poor brother?

Yes, it is allowed to give Zakah or Zakat al-Fitr to a poor brother, as he is considered among the eligible recipients.