السلام عليكم ورحمة
الله وبركاته
بسم الله الرحمن
الرحيم
الحمد لله رب العالمين ،
والصلاة والسلام على أشرف الأنبياء والمرسلين ، سيدنا محمد وعلى آله وصحبه أجمعين
، ومن تبعه بإحسان إلى يوم الدين
1.0 Introduction
Domestic violence includes many forms
of violence and affects various parties including partners, children, servant
and extended family. While it is a known fact that domestic violence also
involves men, the elderly, children and domestic servants, the focus of this
paper is on the deliberation of domestic violence against women. Researches
show that women are more vulnerable to domestic violence and have a high
percentage to become the victims of domestic violence[1].
Furthermore, the abuse of women through domestic violence will subsequently
have an impact on the children under her care. Given the significant impact of
domestic violence against women, this paper intends to provide some basic
understanding on how domestic violence violates the human rights of women aswell
as going against the teaching of Islam, and even any other religion for that
matter.
This paper also demonstrates the
gendered nature of domestic violence through historical and theoretical
analyses. It draws on feminist theories of family violence and international
human rights discourse including from Islamic persepective. By defining family
violence both as women’s issue and public issue, it shifts the locus of
domestic violence away from the private domain to the public sphere.
Domestic violence is an epidemic
affecting individuals in every community, regardless of age, economic status,
sexual orientation, gender, race, religion, or nationality. It is often
accompanied by emotionally abusive and controlling behavior that is only a
fraction of a systematic pattern of dominance and control[2].
Domestic violence can result in physical injury, psychological trauma, and in
severe cases, even death. The devastating physical, emotional, and psychological
consequences of domestic violence can cross generations and last a lifetime.[3]
It is not always easy to determine in
the early stages of a relationship if one person will become abusive. Domestic
violence intensifies over time. Abusers may often seem wonderful and perfect
initially, but gradually become more aggressive and controlling as the
relationship continues. Abuse may begin with behaviors that may easily be
dismissed or downplayed such as name calling, threats, possessiveness, or
distrust. Abusers may apologize profusely for their actions or try to convince
the person they are abusing that they do these things out of love or care.
However, violence and control always intensifies over time with an abuser,
despite the apologies. What may start out as something that was first believed to
be harmless (e.g., wanting the victim to spend all their time only with them
because they love them so much) escalates into extreme control and abuse (e.g.,
threatening to kill or hurt the victim or others if they speak to family,
friends, etc.). [4]
1.1 Definition and terms
According
to ShariffahNuridah Aishah binti Syed Nong Mohamad and Noor ‘Ashikin binti
Hamid in their research namely‘The crime of domestic violence against women
in Malaysia: Its Concept and solution’ defined domestic violence is an act
of violation of the objectives of the institution of the family that gave birth
to a happy family where it is seen as widespread in society. [5]
Generally, violence
against women can be defined as any act of genderbased violence that results or
may result in visible physical injury, sexual or psychological harm or cause
suffering of women. This action also covers threats to do that, coercion or
acts restricting liberty, whether occurring in private or public life[6]. Violence implies destruction, anger, and pain;
while family suggests the qualities of caring, love, and joy. Domesticviolence
occurs at all family levels between couples, in parent-child relationships,
sibling relationships, and often times, dating relationships. Domestic violence
is deeply rooted in the lives of many American families.[7]
However
John Hamel and Tonia Nicholls mentioned in their book namely ‘Family
Intervention in Domestic Violence: A Handbook of Gender Inclusive Theory and
Treatment’ that domestic violence also known as intimate partner violence
or IPV, is being increasingly perceived as a human problem rather than a gender
problem[8].
The
Department of Justice United Stated of America defined domestic violence as a
pattern of abusive behavior in any relationship that is used by one partner to
gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual,
emotional, economic, or psychological actions or threats of actions that
influence another person. This includes any behaviors that intimidate,
manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame,
hurt, injure, or wound someone.[9]
On the
other hand, domestic violence also can occur among the elderly people. The
definition of ‘elder abuse’ developed by Action on Elder Abuse (AEA) which is
subsequently adopted by the World Health Organization (WHO) and the International
Network for the Prevention of Elder Abuse (INPEA) is “a single or repeated
actor lack of appropriate action, occurring within any relationship where there
is an expectation of trust which causes harm or distress to an older person
(Krug et al, 2002)[10].
The
definition has also been used in Malaysia in a National Report on violence and
health (World Health Organization, 2006)[11].
Abuse of the elderly has been recognized as a pervasive problem and a growing
concern. As the functions of law are to maintain social control and protect
public order, legislation is seen as an important mechanism to help reduce the
abuse and neglect of the elderly.
If we refer to Domestic
Violence Act 1994 (Act 521) interpreted domestic violence as below:[12]
(a) Wilfully or knowingly
placing, or attempting to place, thevictim in fear of physical injury;
(b) Causing physical
injury to the victim by such act whichis known or ought to have been known
would result inphysical injury;
(c) Compelling the victim
by force or threat to engage in anyconduct or act, sexual or otherwise, from
which the victimhas a right to abstain;
(d) Confining or detaining
the victim against the victim’swill; or
(e)
Causing mischief or destruction or damage to propertywith intent to cause or
knowing that it is likely to causedistress or annoyance to the victim,
The Act was subsequently
amended by the Domestic Violence ActStairs (Amendment) Act 2012 [Act A1414] and
in force at 20 February 2012. Among the major amendments is the definition of
terrorismhouseholds were extended from abuse isphysical abuse, she was "psychologically
includedemotional injury to and use of materialsintoxicant or any other
substance that causes delusionsto the victims”[13]
Based on the
abovementioned definitions, we are of the view that domestic violence is the
willful intimidation, physical assault, battery, sexual assault, and/or other
abusive behavior as part of a systematic pattern of power and control
perpetrated by one intimate partner against another. It includes physical
violence, sexual violence, psychological violence, emotional abuse and economy
abuse. The frequency and severity of domestic violence can vary dramatically. However,
the one constant component of domestic violence is one partner’s consistent
efforts to maintain power and control over the other.
1.3 Problem Statement
Domestic
violence is a form of abuse that often occurs when one spouse (usually men) are
trying to control or dominate a partner. Often, the behavior intentionally or
unintentionally tries to put the victim in fear of physical harm, intimidation,
emotional disorders and speech disorders (invective and diatribe). The
treatment also, forcing or threatening sexual acts or acts that had an effect
on the wife of negative emotional and psychological, of which the victim is
entitled to do so. In addition, victims are confined tono dealings with the
outside world and forced to do things like sex and things that are against
their religion against the victim. It is contrary to the tradition of the
Prophet Muhammad pbuh, in which:
عَنْ عَائِشَةَ رضي الله عنها قَالَتْ قَالَ رَسُولُ اللَّهِ
-صلى الله عليه وسلم- خَيْرُكُمْ خَيْرُكُمْ لأَهْلِهِ وَأَنَا خَيْرُكُمْ
لأَهْلِى.
[رواه الترمذى]
Meaning: "
Aisyahradi'anha said: "The Messenger pbuh said: “The best of you is
(husband) who is best to his family and I am the best for my family. " [14]
Based on the word of Allah s.w.t in al-Qur’an
al-Kareem[15]:
Meaning: And among His
Signs is this, that He created for you wives from among yourselves, that you
may find repose in them, and He has put between you affection and mercy. Verily,
in that are indeed signs for a people who reflect.
Islam protects
the honour, chastity, purity and lineage of the family, so it encourages
marriage and forbids free mixing of men and women. Islam gives each family
member an important role to play. So fathers and mothers take care of the
children and give them an Islamic upbringing; children are to listen and obey,
and respect the rights of fathers and mothers, on a basis of love and respect.
Even our enemies have borne witness to the strength of family ties among the
Muslims.
Islam honoured
women, whether as mothers, daughters or sisters. It honoured women as mothers.
It was narrated that Abu Hurayrah (may Allah be pleased with him) said[16]:
عَنْ
أَبِي هُرَيْرَةَ رَضِيَ اللَّهُ عَنْهُ قَالَ جَاءَ رَجُلٌ إِلَى رَسُولِ اللَّهِ
صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَقَالَ يَا رَسُولَ اللَّهِ مَنْ أَحَقُّ
النَّاسِ بِحُسْنِ صَحَابَتِي قَالَ أُمُّكَ قَالَ ثُمَّ مَنْ قَالَ ثُمَّ أُمُّكَ
قَالَ ثُمَّ مَنْ قَالَ ثُمَّ أُمُّكَ قَالَ ثُمَّ مَنْ قَالَ ثُمَّ أَبُوكَ -
Meaning:
A man came to the Messenger of Allaah (peace and blessings of Allah be upon
him) and said, “O Messenger of Allah, who among people is most deserving of my
good company?” He said, “Your mother.” He asked, “Then who?” He said, “Your
mother.” He asked, “Then who?” He said, “Your mother.” He asked, “Then who?” He
said, “Then your father.”
Islam honours
women as daughters. It was narrated from Abu Sa’eed al-Khudri that the
Messenger of Allah (peace and blessings of Allah be upon him) said[17]:
مَنْ
كَانَ لَهُ ثَلاَثَةُ بَنَاتٍ فَصَبَرَ عَلَيْهِنَّ وَأَطْعَمَهُنَّ وَسَقَاهُنَّ
وَكَسَاهُنَّ مِنْ جِدَتِهِ كُنَّ لَهُ حِجَابًا مِنَ النَّارِ يَوْمَ
الْقِيَامَةِ
Meaning:
“Whoever has three daughters or three sisters, or two daughters or two sisters,
and takes good care of them and fears Allaah with regard to them, will enter
Paradise.”
In 2013, the Royal Malaysian Police (PDRM) has released the report
on statistic case for domestic violence from year 2012 to 2013 as tabulated
below. Based on the report its shows that Selangor has the highest cases of
domestic crime and Perlis has the lowest cases.
|
Negeri
|
2012
|
2013
|
|
Perlis
|
73
|
91
|
|
Kedah
|
144
|
288
|
|
Penang
|
184
|
240
|
|
Perak
|
265
|
344
|
|
Selangor
|
368
|
512
|
|
Kuala Lumpur
|
222
|
243
|
|
N. Sembilan
|
270
|
502
|
|
Melaka
|
71
|
95
|
|
Johor
|
264
|
583
|
|
Pahang
|
183
|
165
|
|
Kelantan
|
293
|
413
|
|
Terengganu
|
111
|
178
|
|
Sabah
|
180
|
231
|
|
Sarawak
|
236
|
237
|
Subsequently, PDRM also released another domestic violence
reported in 2014 and cases has been increased to 4,807 cases nationwide as compared
to 3,053 cases in 2013 of deficits improve as much as 36 percent.[19]
In addition to the above, domestic violence is a serious problem
that often applicable in Malaysia. According to report released by Women Aids
Organization (WOA) on 23rd June 2015, 9 % of women in Malaysia ever
have been married spouse or through domestic violence.[20]
To
support its finding, WOA has conducted the study and the outcome from the study
reveals that the survivors of domestic violence experience many forms of abuse.
Out of the 93 survivors who sought shelter at WAO, more than 95% were abused
physically and psychologically, 52% financially, 49% socially and 35% sexually.
The most common form of abuse was being beaten by hand, kicked and being beaten
with objects. Who are the abusers, and when did the abuse start? A total of 71%
of survivors were abused by their husbands or ex-husbands, and 15% were abused
by family members.[21]
Throughout 2014, the Ministry of Women, Family and Community
Development received a complaints from public and based on its annual report[22] shows an evidence that most domestic violence in Malaysia proves that the
women, children and the elderly are particularly vulnerable to the problem of
domestic violence. The details of complaints according to the type of cases are
as tabulated in Table 2 below:
Table 2: Details of cases received by Jabatan Pembangunan Wanita
|
No
|
Case Type
|
No of Cases
|
|
1
|
Financial
Assistance Management
|
982
|
|
2
|
Human
Trafficking
|
450
|
|
3
|
Financial
Assistance
|
306
|
|
4
|
Marriage
|
80
|
|
5
|
Help
Commercial Premises
|
69
|
|
6
|
Split
|
41
|
|
7
|
Housing
Assistance
|
40
|
|
8
|
Custody
|
30
|
|
9
|
Health
|
29
|
|
10
|
Domestic
Violence
|
16
|
|
11
|
Loans
|
15
|
|
12
|
Maintenance
|
12
|
|
13
|
Pregnancy
Without Marriage
|
10
|
|
14
|
Matrimonial
Property
|
10
|
|
15
|
Abuse
of Women
|
10
|
|
16
|
Sexual
Harassment
|
9
|
|
17
|
Polygamy
|
8
|
|
18
|
Discrimination
in the workplace
|
8
|
|
19
|
Running
from home
|
7
|
|
20
|
Psychological
problems
|
7
|
|
21
|
Estates
|
6
|
|
22
|
Ilegitimate
Child
|
6
|
|
23
|
Foreigners
|
5
|
|
24
|
Illegal
money lending
|
4
|
|
25
|
Pension/Insurance/EPF/SOCSO
|
4
|
|
26
|
Torture
men
|
2
|
|
27
|
Rape
|
1
|
|
28
|
Incest
|
1
|
|
29
|
Child
Abuse
|
0
|
|
30
|
Obsense
|
0
|
|
31
|
Other
|
206
|
|
|
Total
Cases Counseling
|
2,374
|
All the above complainst has been lodged via TALIAN NUR 15999. Talian
NUR Hotline 15999 is a free one-stop call center operating24 hours a day for
365 days a year and can be accessed throughfixed line, mobile or public
phones.Through this line, the public can report various social
problemsprevailing in Malaysia such as domestic violence, children abuse,and
poverty or to inquire about the status of applied aid.For the year 2014, 50,495
hotline calls were received, of which14,643 were abandoned calls.The highest
frequency of phone calls was in March at 5,044 calls,March also saw the highest
number of abandoned calls with afrequency of 1,513 calls.[23]
1.4 Reseach
Methodology
This paper is an exploratory study utilising qualitative approach.
The paper also uses an exploratory and descriptive in nature. This design is
appropriate because in Malaysia the issue of domestic violence is under researched.
The team decided not to pursue with quantitative approach due to this method requires
longer period of time for data collection and analysis because the approach may
be labour intensive and time consuming
1.4.1 Sources
The primary source in conducting this study is through a research
done at the National Library and Tun Sri Lanang Library. The term is commonly
called as library research that refers to the process of gathering data from
books and papers consisting of primary and secondary sources. In addition, the
secondary source is derived from the books. The primary sources for this study
are al-Qur’an al Kareem and al-Hadith.
1.4.2 Aim of this paper
The central aim of this study is to explore the experiences of
women in Malaysia who areliving in an abusive relationship. The study expects
to be useful in terms of forming part of the emerging literature on this
subject and to add to the growing body of knowledge on domestic violence against
Malaysian women. In fact, the outcomes from this research endeavour to
contribute to knowledge enhancement, raising awareness along with the policy
developments and practices concerning the problem of domestic violence in Malaysia.
In particular, the key objectives of the study to be addressed are as follows:
i.
To investigate the impact on abused women who
experience domestic violence relationships
§ What
aspects of the abused women’s lives have been affected due to the experiences of
violence?
§ What
impact do abusive relationships have on others?
ii.
To identify the barrier that inhibits abused
women from disclosing and seeking assistance from formal and informal
supportive networks
§
What obstacles restrain
abused women from disclosing the violence incidents?
§
How can the
under-reporting of cases of domestic violence be overcome?
iii.
To explore underlying
issues faced by abused women in relation to their needs and the support of
domestic violence service providers.
§
What are the issues
highlighted by abused women pertaining to local support systems?
1.4.3 The
Importance of the Study
This
paper will make an important contribution to our understanding of how domectic
violence affected by the human rights is no longer correspond to the social
values. It shows that domestic violence against women tends to be overlooked in
Malaysia despite the fact that laws[24]
appear to provide protection to this group. This paper also provides
information to nuture the public especially Muslim through the interpretation
of the al-Qur'an and al-hadith pertaining to domestic violence which is
actually forbidden in Islam.
2.0 Categories of
Domestic Violence
Domestic
violence can happen to anyone regardless of race, age, sexual orientation,
religion, or gender. Domestic violence affects people of all socioeconomic
backgrounds and education levels. Domestic violence occurs in both opposite-sex
and same-sex relationships and can happen to intimate partners who are married,
living together, or those frequently on date. From law, sosial status, and
human rights perspective, forms of domestic violence can be divided into five
categories[25]:
2.1 Physical Abuse
Hitting, slapping, shoving, grabbing, pinching, biting, hair
pulling, etc are types of physical abuse. This type of abuse also includes
denying a partner medical care or forcing alcohol and/or drug use upon him or
her.
2.2 Sexual Abuse
Coercing
or attempting to coerce any sexual contact or behavior without consent. Sexual
abuse includes, but is certainly not limited to, marital rape, attacks on
sexual parts of the body, forcing sex after physical violence has occurred, or
treating one in a sexually demeaning manner.
2.3 Emotional Abuse
Undermining an individual's sense of self-worth and/or self-esteem
is abusive. This may include, but is not limited to constant criticism,
diminishing one's abilities, name-calling, or damaging one's relationship with
his or her children.
2.4 Economic Abuse
Is
defined as making or attempting to make an individual financially dependent by
maintaining total control over financial resources, withholding one's access to
money, or forbidding one's attendance at school or employment. Psychological
Abuse: Elements of psychological abuse include but are not limited to causing
fear by intimidation; threatening physical harm to self, partner, children, or
partner's family or friends; destruction of pets and property; and forcing isolation
from family, friends, or school and/or work.
Domestic violence not only affects those who are abused, but also
has a substantial effect on family members, friends, co-workers, other
witnesses, and the community at large. Children, who grow up witnessing
domestic violence, are among those seriously affected by this crime. Frequent
exposure to violence in the home not only predisposes children to numerous
social and physical problems, but also teaches them that violence is a normal
way of life, therefore, increasing their risk of becoming society's next
generation of victims and abusers.[26]
3.0 The
causes of domestic violence
A study conducted by the research panel of violence against women
established under the United States National Research Council concluded a
number of theories on the causes of this violence. This theory is divided into
three categories:
3.1 Evolusion
From an evolutionary perspective, the goal ofsexual behavior is to
maximize the likelihood of passing onone's genes. This goal involves maximizing
the chances thatone will have offspring who themselves will survive to
reproduce.In ancestral environments, optimum male and femalestrategies for
successfully passing on one's genes often did notcoincide because the amount of
parental investment requiredby males is smaller than that required by females.
Maleswere best served by mating with as many fertile females aspossible to
increase their chance of impregnating one of them, females, who have the tasks
of pregnancy and nurturing theyoung, are often better served by pair bonding.
Sex differencesin current human mating strategies may be explainedas having
been shaped by the strategies that created reproductive success among human
ancestors. However, it is theorized that males who have difficulty obtaining partners
are more likely to resort to sexual coercion or rape.[27]
3.2 Physiology and Neurophysiology
The physiological or neurophysiological correlates of violence
andaggression that have received particular attention are the functioning of steroid
hormones such as testosterone; the functioning of eurotransmitters such as
serotonin, dopamine, norepinephrine, acetylcholine, and gamma-aminobutyric acid
(GABA); neuroanatomical abnormalities neurophysiological abnormalities, and
brain dysfunctions that interfere with cognition or language processing. This literature has been well reviewed by Fishbein,
(Fishbein, 1990) that highlights the overall findings and notes studies that
have specifically looked at violence against women.[28]
3.3 Alcohol
The relationship of alcohol to violence is a complex one, involving
physiological, psychosocial, and sociocultural factors. The exact effects of
alcohol on the central nervous systemremain in question, but non experimental evidence
indicates that alcohol may interact with neurotransmitters, suchas serotonin,
that have been associated with effects on aggression. There are methodological
weaknesses in the studies of the links between alcohol and violence, including
lack of clear definitions of excessive alcohol
use and a reliance on clinical samples with an absence of control samples[29]. Nonetheless, research has consistently found
that heavy drinking patterns are related to aggressive behavior, in general,
and to intimate partner and sexual violence. However, exactly how alcohol is
related to violence remains unclear. Obviously, many battering incidents and
sexual assaults occur in the absence of alcohol, and many people drink without
engaging in violent behavior (Kantor and Straus, 1990).[30]
3.4 Psychopathology and Personality Traits
A number of studieshave found a high incidence of psychopathology and
personality disorders, most frequently antisocial personality disorder, borderline
personality organization, or post traumaticstress syndrome, among men who
assault their wives (Hambergerand Hastings, 1986, 1988, 1991; Hart et al.,
1993;Dutton and Starzomski, 1993; Dutton, 1994, 1995; Dutton etal., 1994). A
wide variety of psychiatric and personality disordershave also been diagnosed
among sexual offenders, mostfrequently some type of antisocial personality
disorder (Prentky, 1990).[31]
3.5 Attitudes and
Gender Schemas
Cultural myths about violence, gender scripts and roles, sexual
scripts and roles, and male entitlements are represented at the individual
level as attitudes and gender schemas. These hypothetical entities are
expectancies that give meaning to and may even bias interpretation of on going
experience, as well as provide a structure for the range of possible responses.
Acceptance of beliefs that have been shown to foster rape has been demonstrated
among a variety of Americans, including typical citizens, policeofficers, and
judges (Field, 1978; Butt, 1980; Mahoney etal., 1986).[32]
3.6 Sex
and Power Motives
Violence against women is widely believed to be motivated by needs
to dominate women. This view conjures the image of a powerful man who uses
violence against women as a tool to maintain his superiority, but research suggests
that the relationship is more complex. Power and control frequently underlie
intimate partner violence, but the purpose of the violence may also be in
response to a man's feelings of powerlessness and inability to accept rejection.[33]
4.0 Domestic
Violence and Violation of Human rights
While recognition of violence against
women as a human rights issue and the development of international legal
mechanisms for addressing such human rights abuses represent a significant step
forward, a number of challenges remain. Specifically, how can international
human rights instruments and the treaty bodies established under them be made
relevant to individual women when so many acts of violence were being
perpetrated by private individuals independent of the State? In the past, a
State could only be held responsible for acts committed on its behalf or
through one or more of its agents (Halliday 2001). [34]
Feminist and human rights scholars
have approached this dilemma in a number of ways. Some have argued domestic and
other forms of violence amounted to torture under international standards, others
have suggested that systems of gender discrimination in society create an
environment where violence against women is condoned (Lambert & Pickering
2001). For either of these arguments to hold any weight however, one must
accept that the State has a duty to exercise due diligence in ensuring that the
provisions of various international documents are upheld. Although still contentious, support for the
concept can be found not only in the Conventions and Declarations themselves,
but in regional human rights instruments, in recent judicial decisions, in
recommendations made by UN Committees and Special Rapporteurs and in reports
submitted by non-government organisations such as Amnesty International
(Coomaraswamy 1994).[35]
The Declaration on the Elimination of Violence
against Women provides a concise summary of the meaning and standard applied to
the concept of due diligence. The Preamble asserts that violence against women
is a manifestation of historically unequal power relations in society and that
its eradication therefore requires an analysis of not only violent acts but of
the social conditions, institutions and norms which perpetuate them.
Accordingly, a State party to the Declaration has a responsibility to not only
refrain from engaging in or encouraging acts of violence against women but to
actively intervene in and exercise due diligence in the prevention of such acts
(Coomaraswamy 1994; Amnesty International 2001). The concept of due diligence
thus provides advocates for victims of domestic violence[36]
5.0 Recommendations
to Prevent the Domestic Violence
This segment examines the types of
responses society hasmade to violence against women. There are a number ofways
in mitigating the domestic violence and here are some of prevention steps to be
considered:
5.1 Preventive Intervention Efforts
Preventive
intervention efforts have largely consisted of education based programs such as
seminar or awareness programs on conflict mediation, violence prevention in
general, dating violence, sexual abuse, and spouse abuse. We acknowledged that
there are few seminars conducted by Ministry of
Women, Family and Community Development, however, the awareness program to
nurture the public about domestic violence and its implication should be
extended to the schools, college and universities. The reason being is that sexual
assault and rape education programs seem to be increasingly common on college
campuses and conflict resolution program is extensively offered in development
countries such as United States, United Kingdom and Australia.
5.2 Media
Roles
As
we are aware that public education campaigns, such as those mounted
against
smoking, drunk driving and using the handphone while driving are a universal
preventive intervention that have been part of other successful community prevention
projects in Malaysia. It is highly suggested that Ministry
of Women, Family and Community Development to allocate some budget in advertising in
conjunction with the “Family Violence Prevention Program” for instant as
part of public education campaign against domestic violence. The campaign consists of
television, radio, and print public service announcements. The campaign should
be designed to increase public awareness of battering and to motivate
individuals to take action to reduce and prevent abuse.
5.3 Rape
Prevention
This
paper also highly recommended that the Ministry of
Women, Family and Community Development also need to address the rape
cases such as rape resistance strategies involve recommendations to women on
what to do should they be attacked.
6.0 Conclusion
Despite these policies being put in
place, women continue to be subjected to all sorts of abuse and the numbers are
still rising. It is not difficult to understand why. Traditionally and
physically, women tend todepend on men
to protect them. Out of respect and pressure to conform to the characteristic of
good or submissive wives, they often have no voice of their own for fear going
against the religion and society believes.. In many cases, they are dependent
on their husband to enjoy better living.
Therefore, as long as these women are
not protected from the perpetrators of
violence, the cycle of violence will continue and, when these women’s children
become adults, they too will become perpetrators of violence, as they do not
know any better. There is a need for us to promote, communicate and deliver our
commitment to supportthis underprivilege group.
Additional to the above, abuse on the
vulnerable elderly is also seriously unacceptable in a contemporary society.
Analyses of the provisions in the Domestic Violence Act reveal that the
existing legislation is not sufficient to give full protection to the elderly
victims of abuse and neglect. In order to ensure the rights of Malaysian
elderly are well protected under the Act, major amendments need to be done to
the Domestic Violence Act. Based on the analysis, it is proposed that a
specific Act should be enacted to give a comprehensive protection to the
elderly. The abovementioned Act also include among others, a clear definition
of elderly, definition of elder abuse and domestic elder abuse, a distinction between
terms associated with abuse, as well rights of elderly as the whole. It is
submitted that in Malaysia in offering services to elderly, it is based on
welfare scheme rather thanrights based approach. By having a specific Act for
elderly, it is hoped that the rights of the Malaysian elderly will be
strengthened and the rights of the child and women will be continuously protected
in future.
References:
Al-Qu’ran
Asiah Bidin, 2015.Abuse
of the Malaysian Elderly: An Analysis on the Adequacy and Suitability of the
Domestic Violence Act 1994 (Act 521) to Protect the Elderly Victim. Journal of Management Research,
ISSN 1941-899X2015, Vol. 7, No. 2
Australian Domestic and Family
Violence Clearinghouse Topic Paper:Human Rights and Domestic Violence
Crowekk N.A & Burgess A.W., 1996.Understanding
Violence Against Women. Washington: National Academy Press.
Darrell Payne, Linda Wermeling. 2009. Domestic
Violence and Female Victims. Journal of multicultural and minority studies.
Volume 3
English,Marshall & Stewart, 2003.
Intimate Partner and Family Abuse: A Casebook of Gender Inclusive Therapy.
Fishbein, D.H. 1990.Biological
perspectives in criminology. Criminology 28(1):27-72.
Fischer, K., and M. Rose 1995 When
"enough is enough": Battered women's decision making around court
orders of protection. Crime& Delinquency 41(4}:414-429.
Government of Malaysia, 1994.Domestic
Violence Act 1994 (Act 521). Kuala Lumpur: PercetakanNasionalBerhad.
Government of Malaysia, 2012.Domestic
Violence Act Stairs (Amendment) Act 2012 [Act A1414], Kuala Lumpur:
PercetakanNasionalBerhad
Halimah Awang & Sharon Hariharan,
2011. Determinants of Domestic Violence: Evidence from Malaysia. Journal
of Family Violence. (2011) 26:459-464
H.
Bradby, Defining Violence. Ashgate Publishing Limited, 1998, page 33
Krug EG et all, 2002. World Report
on violence and Health. Geneva: World Health Organization.
Imam
Al-Nawawi. 1981. RiyadhusSalihin. Kuala Lumpur. Penerbit: Hizi Print SdnBhd
Mariny Abdul
Ghani, 2014.Exploring Domestic Violence Experiences From the Persective of
Abused Wowen in Malaysia.Leicestershire:Loughborough University.
Mohd Helmi Abd
Rahim & Mohd Nizam Osman. 1990.
MengesahkanTeoriTaktikKonflikDalamKeluargadanKeganasanHubunganSuamiIsteri:
SuatuPerbandinganAntaraBudaya. JurnalKomukasi, Jilid 15
Ministry of Women, Family
and Community DevelopmentAnnual
Report 2014
ShariffahNuridah Aishah binti Syed
Nong Mohamad and Noor ‘Ashikin binti Abdul Hamid. 2010. The crime of
domestic violence against women in Malaysia: Its Concept and solution.
JohnHamel& Tonia Nicholls. 2007. Family
Intervention in Domestic Violence: A Handbook of Gender Inclusive Theory and
Treatment. New York: Springger Publishing Company LLC
Women Aids Organization (WOA), 2015.“Working
Together: Case Studies in Domestic Violence, Response, 2015Report”: Kuala
Lumpur.
World Health Organization, 2002.World
Report on Violence and Health. Geneva
Zoe Craven,Human
Rights and Domestic Violence.Australian Domestic and Family Violence
Clearinghouse
[2] H. Bradby,
Defining Violence, page 33
[5]Shariffah Nuridah Aishah binti Syed
Nong Mohamad &Noor ‘Ashikin binti Abdul Hamid. 2010, page 2
[7] English, Marshall & Stewart, 2003
[8]John Hamel & Tonia Nicholls. 2007,
page 3
[9] The Department of Justice United
Stated of America at http://www.justice.gov/ovw/domestic-violence
[10] Please refer to the World Report on
Violence and Health, 2002,page 126
[13] Domestic Violence Act Stairs
(Amendment) Act 2012 [Act A1414], page 4
[15]Ar-Ruum 30:22
[17] Narrated by
Ibn Hibbaan in his Saheeh, 2/190
[19] Women Aids Organization,Case Studies
In Domestic Violence Response, 2015 Report
[20] Women Aids Organization,Case Studies
In Domestic Violence Response, 2015 Report
[21]
http://www.freemalaysiatoday.com/category/opinion/letters/2014/06/05/domestic-abuse-still-a-very-real-concern/
[24] Domestic Violence Act 1994 (Act 521)
& Domestic Violence Act Stairs (Amendment) Act 2012 [Act A1414]
[25]The Department of Justice United
Stated of America at http://www.justice.gov/ovw/domestic-violence
[26]Ibid
[27]Crowell N.A & Burges A.W., 1996.
Understanding Violence AgaintsWolmen, page 51
[28]Fishbein, D.H. 1990. page 27
[29] For a more complete review of the
research and methodological weaknesses, see Leonard and Jacob, 1988
[31]Crowell N.A & Burges A.W., 1996.Understanding
Violence Againts Women, page 78
[32] Ibid, page 81
[35] Zoe Craven , Human Rights and
Domestic Violence, page 5
[36] Ibid, page 6
