Problems of Domestic Violence and Its Solutions From The Perspective of Islamic Law and Positive Law

Abstract

Domestic violence is a serious issue affecting many families worldwide. Addressing this problem requires a comprehensive approach that includes legal frameworks and social interventions. This paper explores the problems of domestic violence from the perspectives of Islamic law and positive law. In Islamic law, domestic violence is strictly prohibited. The Quran and Hadith provide clear guidance on treating family members with kindness and respect. Any form of harm or abuse is considered a violation of the principles of justice and compassion that are central to Islamic teachings. Solutions within this framework include education and awareness, counseling, and mediation. From the perspective of positive law, various legislations have been implemented to protect victims of domestic violence and punish perpetrators. This paper analyzes the effectiveness of these laws and identifies weaknesses and challenges faced in their implementation. Additionally, it discusses the importance of collaboration between various parties, including the government, legal institutions, and non-governmental organizations, in addressing the issue of domestic violence. Through this comparative approach, the paper aims to provide a deeper insight into how Islamic law and positive law can contribute to the prevention and handling of domestic violence, as well as offer recommendations to enhance the effectiveness of existing strategies and policies.