Articles

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 the ruling on swearing an oath by the Prophet ﷺ, and does such an oath take effect according to Imām Aḥmad ibn Ḥanbal, requiring expiation upon its breach?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Swearing an oath by a created being is disliked (makrūh) in our Shāfiʿī school. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Swearing by a created being is disliked — such as swearing by the Prophet, the Kaʿbah, Jibrīl, the Companions, or the Prophet's family. Al-Shāfiʿī, may Allah have mercy upon him, said: 'I fear that swearing by other than Allah the Almighty may constitute an act of disobedience.' The scholars of the school explained this to mean: that is, something forbidden and sinful — indicating that he had some hesitation in the matter. Al-Imām stated: the established position of the school is that it is categorically not forbidden, but rather disliked. Furthermore, whoever swears by a created being, his oath does not take effect and no expiation (kaffārah) is required if he breaks it." [Rawḍat al-Ṭālibīn wa ʿUmdat al-Muftīn, Vol. 11/P.6]
According to the Ḥanbalī school, however, expiation becomes obligatory upon one who swears by our master the Prophet ﷺ and then breaks his oath. Imām al-Bahūtī al-Ḥanbalī, may Allah have mercy upon him, states: "No expiation is required for swearing by other than Allah the Almighty, even if the oath is broken — because expiation was made obligatory for swearing by Allah and His attributes, out of reverence for His names, and nothing else is equal to Him in this regard... except in the case of swearing by our Prophet Muḥammad ﷺ, for expiation becomes obligatory when one swears by him and then breaks the oath. This was explicitly stated in the narration of Abū Ṭālib, because he is one of the two conditions of the two testimonies of faith by which a disbeliever becomes a Muslim. Ibn ʿAqīl held the view that swearing by any of the other prophets, peace and blessings be upon them all, carries the same ruling." [Sharḥ Muntahā al-Irādāt, Vol. 3/P.441]. And Allah the Almighty knows best.

What is the ruling on the fasting of a woman who has reached menopause if menstrual blood flows?

If a woman reaches the age of menopause (which is usually sixty-two) and her menses have ceased, then she sees blood after that, and its duration is not less than a day and a night (24 hours), it is menstruation (hayd). If it is less than a day and a night, she is considered as having non-menstrual vaginal bleeding (mustahada), so she fasts and prays. However, she must perform ablution for every obligatory prayer after its time enters, pray immediately, and be treated as a person with a continuous condition. There is no specific end limit for a woman's menstruation; it is possible as long as the woman is alive. And Allah the Almighty knows best.

Is Zakah (obligatory charity) due on the money saved for marriage?

Zakah is due on the money saved for marriage if it reached the Nissab (minimum amount liable for Zakah), and a whole lunar year had lapsed over possessing it.

What is the ruling on performing the night prayer (*qiyām al-layl*) between the first and second adhān of Fajr? And which is better: delaying the prayer until shortly before the Fajr adhān, or performing it earlier than that?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The time for night prayer (qiyām al-layl) begins after the Maghrib prayer and lasts until the second adhān of Fajr. The best time for it is the last third of the night, and best of all are the fourth and fifth sixths of the night. If the night is divided into two halves, the latter half is better.
Whoever intends to pray at night is encouraged to delay the Witr until he has prayed the night prayer. If he knows that he will not wake up, it is better for him to pray and perform Witr before sleeping, so that he does not miss both the night prayer and the Witr.
It is stated in Mughnī al-Muḥtāj (Vpl.1/p.462): “I say: The voluntary prayer of the night, that is, the absolute voluntary prayer (al-nafl al-muṭlaq), is better than the absolute voluntary prayer of the day, because of the report in Muslim: ‘The best prayer after the obligatory prayer is the night prayer.’ In another narration of his: ‘In the night there is an hour that no Muslim man meets while asking Allah for any good of this world and the next except that He gives it to him, and that is every night.’ It is also because the night is a time of heedlessness. I restricted the voluntary prayer to the absolute kind following the commentator, although what the ḥadīth and the underlying meaning require is that the night rawātib be preferred over the day rawātib, since the jurists preferred the two rakʿahs of Fajr over everything except Witr. The middle of the night is better than its two ends if it is divided into thirds, because heedlessness is greatest then and worship is hardest. If he wishes to pray during some third, the best is the fourth and fifth sixths, based on the ḥadīth in the two Ṣaḥīḥs: ‘The most beloved prayer to Allah the Exalted is the prayer of Dāwūd: he would sleep half the night, stand for a third of it, and sleep for a sixth.’ Then the latter part is better than the first if he divides it into two halves, because of the saying of Allah the Exalted: ‘And in the hours before dawn they would ask forgiveness’ [al-Dhāriyāt: 18], and the report of the two Shaykhs: ‘Our Lord, Blessed and Exalted, descends,’ meaning His command descends, ‘to the lowest heaven when the last third of the night remains, and says: Who calls upon Me, that I may answer him? Who asks of Me, that I may give him? Who seeks My forgiveness, that I may forgive him?’”
It is also stated in ʿUmdat al-Sālik (p. 60): “It is better to perform it [the Witr] immediately after the sunnah of ʿIshāʾ, unless he has tahajjud, in which case it is better to delay it so that he performs Witr after it. If he performs Witr and then wishes to pray tahajjud, he prays two rakʿahs at a time and does not repeat the Witr, nor does he need to cancel it with a single rakʿah before the tahajjud. It is recommended that he not deliberately pray after it.”
Qiyām al-layl is a term applied to any prayer performed at night. Tahajjud, on the other hand, refers to the night prayer that follows sleep, whether it is prayed after Maghrib or after ʿIshāʾ, or the prayer performed after ʿIshāʾ without sleep. On this basis, the Witr is also called tahajjud, since it is only prayed after ʿIshāʾ.
It is stated in al-Majmūʿ (Vol.4/p.84): “The sound position, as stated in al-Umm and al-Mukhtaṣar, is that the Witr is called tahajjud.”
It is stated in Nihāyat al-Zayn (Vol.1/p.114): “Among the absolute voluntary prayers is qiyām al-layl. If it is performed after sleep, even during the time of Maghrib and after having prayed ʿIshāʾ early (taqdīman), it is called tahajjud.”
And it is stated in Ḥāshiyat al-Bujayrimī ʿalā al-Khaṭīb (Vol.1/p.418): “His statement: ‘(the night prayer)’: the genitive construction (iḍāfah) carries the sense of fī, meaning a prayer in the night. His statement: ‘(it would be more fitting)’: the reason it is more fitting is that the night prayer includes both tahajjud and other prayers.” And Allah Almighty knows best.