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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

What is recommended for a Muslim to say on Laylat al-Qadr?

On Laylat al-Qadr, it is recommended for a Muslim to recite the supplication (du‘a) that the Prophet ﷺ taught Aisha (may Allah be pleased with her):
"O Allah, You are Most Forgiving, and You love forgiveness, so forgive me." [Narrated by Al-Tirmidhi]

Is Zakah (obligatory charity) due on land intended for selling?

Yes, lands intended for trade are valued, and Zakah is paid according to their estimated value after a lunar year had lapsed, but if the owner didn`t pay the due Zakah, then he should do so after selling them.

What is the ruling on someone who possesses gold with the intention of saving/hoarding it, and owns nothing else — is he obligated to sell a portion of it in order to pay the zakāh due on it?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Zakāh becomes immediately obligatory on cash, and likewise on gold — that which is not designated for a woman's personal adornment— once both reach the niṣāb (minimum threshold liable for zakah) and a full ḥawl (lunar year) has passed over them. It is not permissible to delay payment when it is genuinely possible to pay — meaning, when the wealth and the eligible recipients are both available. It is stated in Mughnī al-Muḥtāj (Vol.2/p.129): "Zakāh is obligatory immediately once it becomes feasible to pay it, meaning when the wealth and the eligible recipients are both present."
The one paying zakāh must discharge the obligatory zakāh due on saved (hoarded) gold either from the gold itself, or from its equivalent monetary value, in the event that no other funds are available — since paying from the gold itself is the original default (al-aṣl). It becomes permissible to pay from other funds instead only because zakāh is built upon the principle of ease and leniency, as stated in Asnā al-Maṭālib (Vol.1/p.366): "When a full ḥawl has elapsed on wealth other than trade goods... zakāh attaches to the actual asset itself (al-‘ayn), and the poor effectively become partners in it — even, for example, [becoming partners] in camels through the value of a sheep [owed as zakāh on them]... Paying from other wealth is permitted only because zakāh is built upon the principle of ease and leniency."
Accordingly: the one paying zakāh must discharge it either from the actual saved gold itself, or by selling a portion of the gold equal to the amount of zakāh owed. He may also borrow money to pay the zakāh, or pay the zakāh in installments before the ḥawl is complete [as an advance payment]. And Allah, the Exalted, knows best.

What is the ruling of Islamic Law on compensating the patient in case of medical error on the part of the treating physician?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The foundational principle is that every mistake issued by a physician that causes harm to another due to his negligence or lack of expertise obligates him to guarantee liability and compensate the harmed party. The Sharia maxim, in this regard, states: "The direct actor is liable."
 
Ibn Qudamah (may Allah have mercy on him) says: "As for if he was skilled but his hand committed an error—such as exceeding the proper limit of incision, cutting in an incorrect site, cutting with an instrument that inflicts excessive pain, or cutting at an unsuitable time—he is liable, because it is destruction (Itlaf) whose liability does not differ between intent and mistake, thus resembling the destruction of property; and because it is a prohibited act, so he guarantees liability for its secondary effects." [Al-Mughni].
 
However, if the physician performed what was necessary in the most complete manner and took all measures of care and caution, but complications occurred that could not be avoided according to specialists, then no liability rests upon him.
 
Shaykh al-Islam Imam al-Nawawi (may Allah have mercy on him) says: "The cupper and the circumciser bear no liability if they have not been negligent, and likewise the veterinarian if he bleeds an animal and it perishes." [Rawdat al-Talibin].
 
Al-Khattabi (may Allah have mercy on him) said: "I know of no disagreement that if the practitioner transgresses and the patient perishes, he is liable. Anyone who undertakes knowledge or practice he does not know is a transgressor; so if perishing arises from his action, he is liable for the blood-money (Diyah) while capital retaliation (Qisas) is dropped from him, because he did not act independently without the patient's permission. And the physician’s offense in the view of the generality of jurists is borne by his agnates ('Aqilah*)."* [Ma'alim al-Sunan].
 
If negligence or transgression is established against the physician, it is necessary to compensate the patient or seek forgiveness from him. And Allah Almighty knows best.