قوانين الحماية من العنف الأسري في )السعودية والإمارات والكويت): مقاربة مقاصدية في ضوء الخطاب الحداثي

Abstract

Objectives: This study analyzes the legislation regarding domestic violence protection in the Gulf, with a focus on three countries: Saudi Arabia, the UAE, and Kuwait. Through the lens of fiqh and maqāṣid and in contrast to the modernist discourse, it aims to interrogate the conceptual underpinnings of domestic violence within the Islamic legal tradition, delineates the boundaries of prohibited familial harm, and appraises the degree to which contemporary legal enactments reflect or depart from the foundational principles.

Methodology: The study utilizes a comparative analytical approach, which engages both traditional jurisprudential texts (fiqh) and modern statutory legal texts. By critically juxtaposing these materials, the research evaluates the degree of alignment between contemporary legislative instruments and the maqāṣid-based imperatives of Islamic law, while also probing the influence of evolving modernist paradigms on legal formulation and implementation.

Findings: This study shows that domestic violence legislation in the Gulf broadly aligns with maqāṣid al-sharīʿah, particularly in preserving the five necessities: religion (dīn), life (nafs), intellect (ʿaql), family (nasl), and property (māl). The incorporation of modernist discourse appears to be measured and contextually sensitive, which seems to reflect a balanced synthesis of Islamic ethical norms, cultural traditions, and contemporary legal rationalities. The study thus recommends the initiation of maqāṣid-based training programs for judges and legislators, the expansion of rehabilitative programs for offenders, and the enhancement of protective and shelter services for victims.

Originality: This contributes a pioneering effort in bridging Islamic legal theory with contemporary legislative analysis concerning the protection against family violence. By foregrounding the maqāṣid-based approach and critically examining the influence of modernist discourse, the study offers a substantive contribution to the evolving field of Islamic legal reform and enriches scholarly engagement with contemporary family law in the Gulf context.