Violence Against Women in Islam and State Legal Mechanisms to Combat It

In the modern world, while humanity is at the peak of development, it is inappropriate to use violence in the name of religion to protect such values, which representatives of different faiths establish with the motive of calling for peace. Various religious movements, which have themselves been the object of persecution in the past, after gaining strength, often resort to violence against people. The reason for this can be the struggle for secular power, which is governed by the ambitions of people speaking in the name of different religions and is proclaimed as "the voice of God", and religion - as a doctrine, which is often not at all clear, needs explanation, and, not so rarely, these explanations are also separate and asks for an explanation.  The religion discussed in the article is Islam. Like other religions, Islam, during the period of preaching, repeatedly suffered psychological, physical, and material pressure from the religious-cultural-political background existing at that time. And, to tolerate all this, God in the "Qur'an" sometimes warns the believers with the punishment that will happen to the pagans, sometimes comforts them who have come to heaven as a reward for enduring hardships, and sometimes demands appropriate physical resistance from them in response to unjust treatment. When we talk about violence in Islam, we cannot fail to emphasize the fact that this religion is largely characterized by gender-based violence. Mostly this is manifested in violence against women. In Islam, women have always been and unfortunately are still the object of discrimination. She is the husband's "property" and most of her fundamental rights are violated. The question is: Is Islam really discriminatory towards women and does it justify violence against women or is it all a misinterpretation and a crime covered by religion?! “All human beings are born free and equal in dignity and rights.”[1] That is why in the article we talk about those fundamental human rights that are violated against women in Islam and the violation of which is a clear manifestation of violence. Today, human rights and freedoms are recognized and guaranteed by various international conventions and declarations, including the “UN Universal Declaration of Human Rights”, European Convention on Human Rights, the Social Charter of the Council of Europe of February 26, 1961; "Civil and Political Rights" and "Economic, Social and Cultural Rights". The article also talks about the positive obligation of the states to protect the rights provided by these acts.

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Published
2025-02-03
DOI
https://doi.org/10.52340/zssulaw.2023.01.09
Primary Topic
Islamic Studies and History
Type
article
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article

Violence Against Women in Islam and State Legal Mechanisms to Combat It

Tsitso Ghvaladze
Islamic Studies and History
article

Violence Against Women in Islam and State Legal Mechanisms to Combat It

Tsitso Ghvaladze
article en

Abstract

In the modern world, while humanity is at the peak of development, it is inappropriate to use violence in the name of religion to protect such values, which representatives of different faiths establish with the motive of calling for peace. Various religious movements, which have themselves been the object of persecution in the past, after gaining strength, often resort to violence against people. The reason for this can be the struggle for secular power, which is governed by the ambitions of people speaking in the name of different religions and is proclaimed as "the voice of God", and religion - as a doctrine, which is often not at all clear, needs explanation, and, not so rarely, these explanations are also separate and asks for an explanation.  The religion discussed in the article is Islam. Like other religions, Islam, during the period of preaching, repeatedly suffered psychological, physical, and material pressure from the religious-cultural-political background existing at that time. And, to tolerate all this, God in the "Qur'an" sometimes warns the believers with the punishment that will happen to the pagans, sometimes comforts them who have come to heaven as a reward for enduring hardships, and sometimes demands appropriate physical resistance from them in response to unjust treatment. When we talk about violence in Islam, we cannot fail to emphasize the fact that this religion is largely characterized by gender-based violence. Mostly this is manifested in violence against women. In Islam, women have always been and unfortunately are still the object of discrimination. She is the husband's "property" and most of her fundamental rights are violated. The question is: Is Islam really discriminatory towards women and does it justify violence against women or is it all a misinterpretation and a crime covered by religion?! “All human beings are born free and equal in dignity and rights.”[1] That is why in the article we talk about those fundamental human rights that are violated against women in Islam and the violation of which is a clear manifestation of violence. Today, human rights and freedoms are recognized and guaranteed by various international conventions and declarations, including the “UN Universal Declaration of Human Rights”, European Convention on Human Rights, the Social Charter of the Council of Europe of February 26, 1961; "Civil and Political Rights" and "Economic, Social and Cultural Rights". The article also talks about the positive obligation of the states to protect the rights provided by these acts.

Grigol Robakidze University (GE)
Gender equality
Openalex Percentile: Top 98%
Islamic Studies and History
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