Abstract

This is a largely qualitative research study that explores the issue of domestic violence (DV), particularly against Australian Muslim immigrant women. It uses a sectionality approach to focus on the closely linked factors of culture and religion that may engender DV. As patriarchy is a cultural risk factor for DV, a semiquantitative approach was taken by identifying the regions where the immigrants originated. Furthermore, it was found that Islamicallydiscordant patriarchal interpretations of the Quran and Sunnah employed by influential late classical scholars based in eastern Muslim lands has affected tafsir and legal rulings, especially of non-Maliki madhhabs. The ‘sticking point’ of physically striking women in verse 4:34 is potentially resolved as a provision for safeguarding wives in conflict zones. This research also supports the call for reforms by scholars in Qur’anic exegetical readings and fiqhi rulings on family law. Finally, this study recommends several policy recommendations enlightened with the understanding that Islam supports a compassionate and egalitarian view of marriage.

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