Özet:

There is no agreed-upon definition of violence. Actions or words that are considered violent in one society may not be considered violent in others. Acts of violence are committed against women, men, children, and adults within families. Although each of these acts falls within the scope of domestic violence, in this study, acts of violence against women are what we mean by domestic violence. In this context, any action that causes a woman to suffer physical, sexual, psychological, or economic harm, or to experience deprivation, is evaluated as domestic violence. Since Muslim individuals constitute a significant part of our society, it is essential to consider the provisions of Islamic law, along with contemporary regulations, in preventing violence against women. Therefore, it is important to determine the preventive measures of fiqh in preventing domestic violence and the rights it provides to victims. Considering the responsibilities of spouses in fiqh, it can be said that measures to prevent violence against women are taken. The legitimacy of engagement, which is the means for the spouses to become familiar, and the advice that the spouses should not forget the benevolence between them in case of divorce are examples of these regulations. Even though the family rules of fiqh contain regulatory functions for domestic violence, the rules that stand out more in terms of their functions have been discussed in this article. In this context, the alimony responsibility of the husband can be submitted as a precaution against economic violence. Additionally, the necessity for the husband to treat his wife pleasantly can be seen as a measure against psychological and physical violence. Moreover, the necessity for no marriage in case of sexual incompetence can be considered a precaution against sexual violence. Despite all these, legal rights are given to women if the man commits any domestic violence. For instance, giving the woman the right to apply to the court for divorce due to her husband's impotence can be shown as the legal right of the woman who is faced with sexual violence. Likewise, the woman who is facing economic violence because her husband does not provide alimony has the right to apply to the court for divorce. The fact that Malikis allow the judge to separate the spouses with the application of the woman due to severe incompatibility and ill-treatment can be accepted as the legal right of the woman who is faced with psychological and physical violence. This approach, which is not seen in the other three doctrines, is included in article 130 of the Family Law Degree (HAK). The legitimacy of giving the woman the right to divorce, which essentially belongs to the husband, and the fact that the woman pays her husband to divorce herself are among the regulations of fiqh to prevent domestic violence. Consequently, it is understood from all these regulations that the husband should refrain from all kinds of violence against his wife in fiqh. Otherwise, the husband will be subject to legal sanctions due to the rights given to the woman. Considering the regulations in question, it is evident that Islamic law, like modern laws, legislates the necessary regulations to prevent domestic violence. However, it is also clear that some actions that are considered domestic violence in our time are not accepted in the same way in classical fiqh. This distinctness can be explained by the different perceptions of the concept of violence from society to society. Therefore, these approaches need to be reconsidered in the context of the changing socio-cultural structure and the concept of family. Because this change of understanding is essential to solve the problems in social life, establish the connection of fiqh with current life, and give direction to living life, it is thought that this change should be made. Indeed, the innovative approaches brought as a result of the needs of society in the issues of domestic violence in the Family Law Degree (1917) show that this is still possible today.

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