Implementing the Rule of Blocking Pretexts in Dealing with Domestic Violence

Abstract

This study is based on displaying the causes of domestic violence and the types and impact of the rule of "blocking pretexts" in treating this violence in the family, by signifying the implementation of the rule of "blocking pretexts" in reducing violence within the family through the enactment of some legal rulings, including the obligation to lower one's gaze, the prohibition of being alone with a foreign woman, and the right of the husband to discipline his wife if she is disobedient.

The study came to demonstrate the result of implementing the rule of "bridging pretexts" in the provisions related to family, in order to achieve safe family ties, as long as Allah has commanded and urged us to do so in His Holy Book and the Sunnah of His Noble Prophet Muhammad, may Allah bless him and grant him peace, in order to address the problem of domestic violence, which has become one of the most important issues that face the Muslim community. The study aims to identify the causes, types and images of domestic violence, and to mention the applications of the pretext blocking rule in reducing domestic violence. The researcher relied on the descriptive and analytical approach.

As for the most prominent results, it was represented in displaying the causes of domestic violence, including: weak religious faith, wrong upbringing, economic and psychological factors, drug and intoxicant abuse, and the media. Moreover, among the results also is demonstrating the impact of the blocking pretexts rule in restraining domestic violence through the obstruction of some ways to reduce this violence, such as the legislation of lowering the gaze, the prohibition of being alone with a foreign woman, impartiality among children in gifts, separating children in beds, the prohibition of combining in marriage between a woman with her sister, aunt, or maternal aunt, and the prohibition of combining marriage with more than four women, and displaying ways to treat a wife's defiance. In conclusion, the study recommended researchers to write different papers on the impact of the rule of blocking pretexts on the various chapters of the jurisprudence of transactions in its comprehensive concept that has not been researched yet.