Islamic Legal Discourse on Domestic Violence: Classical Sources and Modern Reform Efforts

Abstract

Domestic violence is a formidable social and legal issue in numerous societies, including Muslim countries where the injunctions in the scriptures are often cited in discussions on the rights and duties of marriage. The article aims to discuss the meaning of domestic violence as it appears in Islamic legal discourse based on the analysis of the relevant Qur'anic verses, prophetic traditions, classical jurisprudental interpretations and contemporary reformist perspectives. Special consideration is paid to Qur’an 4:34 which has historically been a focal point of discussion regarding marital discipline and authority. The study is mainly based on the fact that while some classical jurists allowed a very limited and harmless type of disciplinary measure under extreme conditions, the general moral atmosphere of the Qur'an and the Sunnah is one of compassion, justice, dignity and avoiding harm. The objectives of Islamic law (maqāṣid al-sharīʾah), the principle of public welfare (maṣlaḥah) and the legal maxim of removing harm (al-ḍarar yuzāl) are increasingly used by contemporary Muslim scholars and legal reformers to justify broad protections against domestic violence. The article concludes that modern legal reforms which are designed to prevent domestic abuse can be viewed as part of the Islamic legal tradition, rather than a rejection of it.