Violence against women: cultural, social and legal frameworks

Customs, traditions and social values ​​are among the most important cultural frameworks that provide support and justification for violence against women, as well as tribal values ​​and patriarchal culture that elevate men and treat women with inferiority and contempt, placing them on another level of the human scale.

Regarding the Iraqi family, the existence of the constitutional article (41), which is one of the sources of legal violence against women because it deprives them of some rights and privileges established by the Law on Personal Status (188) from 1959 and the regulation of family life, especially for women in accordance with article (41), will open a wide field for Hiro’s sectarian and sectarian fatwas and jurisprudence of their men, with articles contained in the Civil Service Law, the Travel Law and the Penal Code are among the sources of legal violence against women.

Because it provides justification and justification for violence directed against women, such as Article (41) of the Iraqi Penal Code, which prescribes the right of a husband to discipline his wife (there is no criminal offense if the act occurs in the exercise of a right established by law and is considered to be an exercise of the right: 1 – The husband’s disciplining of his wife… etc. ).

Violence against women has no country

As for the numbers, some of them indicate the violence that women face in some countries:

– In France, 95% of victims of violence are women, of which 51% are the result of beatings by husbands or boyfriends.

– In Canada, 60% of men commit violence, of which 66% the entire family is exposed to violence. In India, 8 out of 10 women are victims of domestic violence or murder. In Peru, 70% of crimes reported to the police are committed by women who have been beaten by their husbands. About 60% of Turkish women over the age of fifteen were exposed to violence, beatings, insults or humiliation by men from their family, either by husbands, fiances, friends, fathers or father-in-laws)! The research showed that (50%) of the mentioned percentage are exposed to continuous beatings, and that (40%) of them attribute the reason for this to economic conditions and alcohol intake, and that only (25%) of those women who are exposed to beatings respond to violence in a similar way violence, while only (10%) of them leave the house to protest the violence they are exposed to…) It is strange: (70%) of those women who are beaten do not favor divorce in order to preserve the future of their children, while only (15 %) of them They don’t ask for a divorce because they love their husbands. In the United States: Beatings and physical violence are the leading cause of serious injury to women.

Islam and violence against women

The Islamic religion, its texts, interpretations and some of its legal provisions are accused as one of the sources of violence against women, but some jurists and enlightened people have a different opinion, which came in the Holy Qur’an, because to take some texts as sources and references for his moderate attitudes towards women (and among His signs is that He created for you women among yourselves so that you may live in peace).and placed between you affection and grace). And this was mentioned in the hadith of the Noble Prophet, may God bless him and grant him peace, (that women are the sisters of men), as well as his saying (treat women well).

Islam has established a fixed rule for the relationship between man and woman in married life and the family in general, which is the rule of “affection”, and God Almighty said in the Holy Qur’an: “And live with them kindly,” and the Almighty said: “Then keep them nice or let them go kindly,” which can form a legal rule. It can open up more than one legal decision that ends a marriage if it turns against “affection.”

Islam considered that a woman – within the framework of marriage – is a being of human rights independent from a man from a material point of view. A man has no right to appropriate her private money, nor to interfere in her affairs or interests that are not related to him as a wife or the family he is responsible for managing.

Islam did not allow a man to practice any violence against a woman, either in regard to her legal rights, whose obligation to them derives from the marriage contract, or in driving her out of the house, and even in such insults, insults and harsh obscene words, and this constitutes a sin for which God is responsible and punished by law.

But if a man practices physical violence against a woman, and she cannot defend herself except by exchanging his violence with similar violence, then it is permissible for him to do so for the purpose of self-defense. Also, if a man commits human rights violence against her, depriving her of some of her marital rights, such as alimony or sex, she can automatically prevent him from the rights to which she is bound by the contract.

Islam affirms that no one has custody over a woman if she is of legal age, reasonable and independent in managing her affairs, so no one has the right to impose on her a husband she does not want, and a contract without her consent is null and void. and void and of no effect.

In the light of our interest in the preservation of the family, the legal regulation that regulates the work of women should take into account the compatibility of her work, when she chooses it, and her burdens related to the family, and that any violation of this can lead to the disintegration of the family, which means that society it does double violence against its social structure and order.Value.

Islam affirmed the position of woman alongside man in humanity, reason, responsibility and its consequences, and established married life on the basis of affection and charity, which gives the family a human dimension in which its members interact far from the legal human vocabulary that lives in stagnation and spiritual and emotional dryness; This is what gives spiritual richness, psychological balance and cultural and intellectual sophistication to the whole person, be it a man or a woman, an individual or a society.

…………………………………………. . ……………………………………..
* Opinions expressed in the article do not necessarily reflect those of the news network.