قضايا الاعتداء الجسدي على الزوجة وتطبيقات المحاكم الشرعية بولاية سلانجور في معالجتها : دراسة تحليلية

Abstract

This research deals with a family phenomenon and solves a real-life problem experienced by a wife in Malaysian society. It seeks to provide jurisprudential and legal solutions to the problem and for the injured and abused wife. It presents through a field study of some cases of physical assault on the wife, which were filed in the Sharia courts in Selangor. The study attempts to find out the reasons for this abuse. The research adopted the descriptive approach to present the issues and the analytical approach to reach jurisprudential and legal solutions by shedding light on the legal rulings of transcending the limits of legal discipline, and the legal rulings of unjustly physical abuse on the wife. The research clarifies the legal provisions in terms of the texts concerning this issue, the necessary actions to file the case in court, and the consequents of judicial separation between spouses for harm or impossibility of living together. The study reached a set of results, where there are several factors of physical assault on the wife, including: economic factors such as the husband’s joblessness, social factors (addiction), psychological factors (anger), religious factors (lack of religious faith), and moral factors (infidelity). These factors have negative effects on society. Therefore, to eliminate these factors, the individual must refer to the provisions of Islamic law and apply them to achieve the goal of “damage must be eradicated” and urging that its eradication must be done by the individual, the family, and society, and by organizations and government agencies in one hand to find solutions to the factors of this phenomenon.