DOMESTIC VIOLENCE IN ISLAMIC PERSPECTIVE

Domestic violence is one form of violence against her husband or vice versa. Domestic Violence is a special part of criminal law. It says specifically for the crime of domestic violence separately regulated in Law Number 23 of 2004 on the elimination of domestic violence. Development of household / family as a forerunner in society that affect social development and personality of each of its members. Families who often experience a variety acts violence and torture would be bad for the whole family itself.

Real family is a grace and favor of Allah to mankind. The pleasure will be more pronounced when the family was fostered by sakinah, mawaddah and mercy. Families whose members consist of father, mother, and children is a unity which should have a relationship of love, mutual respect, and mutual love between human beings. However, it is not uncommon phenomena in the lives of poor households, especially households Muslims, such as the occurrence of domestic violence much happening everywhere. When examined, the causes of diverse as well, ranging from problems spele to vital issues, like a factor of economic, educational and jealousy and infidelity, and so forth.

So, what solutions are taught Islam in that dilemma? in this paper the author tries to reveal the steps that will be applied, so that the family members in the household can achieve their dreams "My marriage is like heaven". Not satire "My marriage is like a hell".

MEANING AND SCOPE OF DOMESTIC VIOLENCE

Law No. 23 of 2004 on the Elimination of Domestic Violence (Domestic Violence), mentions that Domestic violence is any act against a person, especially women, misery or suffering physical, sexual, psychological, and / or negligence of household including threat to commit acts, coercion, or deprivation of liberty unlawfully within the domestic sphere.

From the above-mentioned opinion of domestic violence in general are various shaped deliberate actions that aim to hurt, injure, or spiritual birth is conducted husband to his wife, not the other families, the act was not to educate as taught religion or legislation applicable.

Empirically cause that domestic violence occurs in four forms. First, persecution physical harm, such as punches, kicks, spray with hot water, hair and pinch. Second, it fisikis or emotional maltreatment, such as insults, threats, and ridicule. Third, persecution financially, such as spending money neglect and family needs. Fourth, sexual abuse, including forced sexual intercourse, lack of mutually consensual.

What if the violence was done to educate / teaching as justified by religion and protected the legislation, such as husbands beating their wives were allowed nushuz (QS. An-Nisa; 34) and children who are already at the age of ten years, but still left a fard prayer (HR.Sunan Abu Dawud). This provision by a group of observers of domestic violence (feminists, the gender) who do not understand maqashid al shariah with congkaknya cornering, that the teachings of Islam participate in perpetuating domestic violence Muslims.

LIMITATION OF DOMESTIC VIOLENCE

The teachings of Islam strictly forbids violence in the home tanggamuslim, is proven by many verses in the Qur'an and Hadith that ordered the husband to treat his wife with a good association. This is explained by the word of God "and hang out with them as appropriate (ma'ruf). Then if you do not like them (the patient) because maybe you do not like something, the things God made him that much kindness "(QS. An-Nisa, 4-19). Rasullullah SAW said: "The most perfect Muslim faith is the most excellent among their behavior, and the best of you is the most kind to his wife" (Sunan at-Turmidzy) .Hadis it informs how Islam continues to respect and protect the wife of rude and hurtful behavior of the husband. Persolan raises the question where is the difference between violence or education, the answer is certainly contrary of elements clear. The elements include:

1. Intention, For a Muslim, the intention was to have a very important role in determining the meaning of a job. In this case must be considered whether the intention of the perpetrator's actions carry out work on religious orders or because they want to fulfill the will of lust. If the impulse lust, it is clear their actions and their impact slightest form, it can be categorized, including acts of violence. But if the perpetrator Provide instruction with a punch that did not hurt of course it belongs to the category of education.

2. Purpose. Everyone in action certainly has a specific purpose, both pointed out explicitly or implicitly. Objectives to be achieved by doing a job can be known from the tools used or of the consequences. For example, if there is a pinch husband to send away his wife for helping parents, then it is not katgori violent action but is an education to do good to his parents.

3. The subject or an action actors. State actors at the time is very important to consider in categorizing whether measures include violence or education. A husband who was drunk from drinking hard middle of the night kicking his wife, while the wife was praying tahajud unconscious, it can be categorized behavior is not education but obviously a force. Why so, the drunk is not justified to provide education and not in education theory that the kick is part tool to educate people.

4. The object or target. An action to be considered in determining whether violent or not. In this case, the condition of this object and its relationship to the subject are the two most important things considered. For example, it is illogical to be categorized not violent, if a husband beats his wife's face to bruise just because vegetables are cooked less salt, in terms of day-to-day his wife among those who obey the husband and the religion. In this example, the wife are not in a state to be learners, what else with violence.

CLOSING

Sesunguhnuya problem of domestic violence is not new, because in Islamic law that has been set up its presence in the Qur'an and Al Hadist, so if it is well run and full of faith in God that domestic violence does not need to happen.

It should be well understood is the problem of domestic violence is not an issue taboo, because it concerns the interests of law for any person who is within the scope of the household. Legal interests must be protected significantly in everyday life. To realize all that the problem is not just an issue of domestic violence victims, as well as law enforcement but also a matter of everyone.

A law enforcement will not work effectively if it is not followed by a good awareness of the law of every society. With the expected good legal awareness issues regarding domestic violence would quickly be able to be handled and resolved.