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Across the Middle Eastern countries and historically through the Islamic religion, domestic violence has not been a commonly used term, therefore not considered to be an issue in need of being addressed (Alhabib et al, 2009). To exemplify this an extensive literature review examining 134 prevalence studies of domestic violence was carried out, and of these only 5% held information regarding the Middle East (Alhabib et al, 2009). It is important to understand why little research has been conducted in this area, which largely comes down to the Middle Eastern culture, which views domestic violence as a private matter (Alwani & Abugideri, 2003; Alhabib et al, 2009). Illustrating this further is the existing statistics surrounding prevalence in UK where it was found 1.2 million women had experienced some form of domestic violence in last 12 months (Office for National Statistics, 2017), whilst an official government report from Bahrain estimated that from 2001-2004 only 1,344 cases of domestic violence had occurred in the Kingdom (Supreme Council for Women, 2009).
Societal norms in the Middle East come from the Shari’a law. It is both the legal and religious laws most countries the in Middle East follow (Hajjar, 2004). It is from this law that certain extracts have been misinterpreted to justify and normalise domestic violence particularly against women (Douki et al, 2003). This following extract from Quaran Sura 4 Verse 34 offers a crucial insight into the perceptions of domestic violence.
‘’Men are in charge of women by [right of] what Allah has given one over the other... So righteous women are devoutly obedient… But those [wives] from whom you fear arrogance, advise them; forsake them in bed; and, strike them. But if they obey you, seek no means against them.’’ (Sabih International, 2017)
There is differing opinions on whether or not the Islamic religion is promoting or condemning domestic violence (Ghafournia, 2017). A study conducted by Ghafournia (2017) on 14 Muslim women highlighted this. This study found the conflict between religion being a very positive aspect of these women’s lives, bringing them a sense of empowerment. Whilst the participants also recognised that some religious leaders, and their husbands would interpret the passages to benefit them and excuse violence against their wives (Ghafournia, 2017). These findings echoes what Douki et al (2003) expressed. It brings to question whether it is the Islamic and Shari’a Law, or it is the gender roles putting men in charge that fosters an environment whereby domestic violence is acceped.
Nevertheless, the Shari’a clearly sets out the gender roles; men are the head of the household and have a responsibility to look after their women (Hajjar, 2004). Hajjar (2004) says that it is not only in terms of money and well being but also ensuring they do not bring embarrassment upon themselves or the family. It is not solely the husband or father, but rather any male relative (Hajjar, 2004). Shari’a law fosters an environment in which domestic violence can occur and be excused as God’s act.
These religious laws are so embedded in the culture, that it infiltrates legal authorities, who have their views shaped by these Shari’a Laws (Hajjar, 2004). There is very little literature looking at the direct impact of the gender roles produced by Shari’a Law and its impact on police investigations, this is the main aim of this dissertation to fill this gap. To examine whether these gender roles are fostered by Shari’a Law, as well as other cultural aspects and how these influence Middle Eastern Police investigations.
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