Jurisprudence and reality[edit]
In deference to Surah 4:34, many nations with Shari'a law have refused to consider or prosecute cases of "domestic abuse."
[30][31][32][33] In 2010, the highest court of United Arab Emirates (Federal Supreme Court) considered a lower court's ruling, and upheld a husband's right to "chastise" his wife and children physically. Article 53 of the United Arab Emirates' penal code acknowledges the right of a "chastisement by a husband to his wife and the chastisement of minor children" so long as the assault does not exceed the limits prescribed by Shari'a.
[34] The
Council of Islamic Ideology, a constitutional body of Pakistan that advises the government on the compatibility of laws with Islam, has recommended authorizing husbands to ‘lightly’ beat disobedient wives.
[35] In Lebanon, KAFA, an organization campaigning against violence and the exploitation of women, alleges that as many as three-quarters of all Lebanese females have suffered physically at the hands of husbands or male relatives at some point in their lives. An effort has been underway to remove domestic violence cases from Shari'a driven religious courts to civil penal code driven courts.
[36][37] Social workers claim failure of religious courts in addressing numerous instances of domestic abuse in Syria, Pakistan, Egypt, Palestine, Morocco, Iran, Yemen and Saudi Arabia.