Domestic Violence in Qatar - Term Paper Example

?Domestic Violence in Qatar A. Introduction Is domestic violence (DV) a personal matter that has to be resolved within the family or a social problemthat has to be criminalized? Such is an issue being debated upon in Qatar today. The range of domestic abuses – physical (e.g., beating, hitting, kicking), emotional (e.g., yelling, screaming, insulting), economic (i.e., controlling the money, making the other partner totally dependent on the abusive partner), psychological (e.g., threats, intimidation, blackmail), social (i.e., isolation from family and friends) and sexual (i.e., rape, forcing unwanted forms of sexual acts) that sometimes result to death1 actually impacts both individuals and communities 2 enough to consider it a serious social issue that must be criminalized. If there is no law prohibiting DV, then there could be no case even if the act exists. And if it cannot be prosecuted then the abuser cannot be prosecuted leaving the victim/s helpless. On the other hand, if the victim chooses to keep silent, criminalizing it would not matter. There can be no case without a complainant. In Qatar, women not only endure domestic abuse but worse they even justify it. They also hesitate reporting such incidence neither they seek protection thinking about their family reputation3 How serious is the impact of domestic violence that would require a specific law against it? To be enlightened, this paper specifically seeks to answer the following questions: How is the family affected by the domestic violence? Are families able to deal effectively with domestic violence? Why yes and why not? What more is available or should be available to assist families in dealing with domestic violence? B. Background The National Development Strategy (NDS) reported that there is an increasing incidence of DV in Qatar since 2004 with 2,389 numbers of cases referred to the Qatar Foundation for Child and Women Protection. Of these cases, 1,204 were perpetrated against children and 1,185 against women. However, these figures only speak of those reported cases. The number must be greater given the fact that Iraq has no systematic data collection plus the fact that most Qatari women prefer not to report the incident to safeguard their family reputation. The NDS furthered that the devastating economic and social costs of this gender-based violence negate Qatar’s goal to have all its citizens socially cared of and protected.4 An interview conducted with a family therapist as to the effects of DV showed its far-ranging adverse effects on families specifically on wives and children. Among those common emotional traumas that victims of DV usually undergo are depression, anxiety, panic attacks, substance abuse and posttraumatic stress disorder. More than this, he also emphasized that abuse also results to more serious psycho-social problems like suicide attempts, psychotic episodes, homelessness and slow recovery from mental illness. Even children who only witnessed DV have greater growing up problems than other children. Boys usually grow up being violent just like their fathers; whereas girls usually grow up timid and submissive just like their mothers. How do families cope with DV? The therapist explained that the best way to cope and to stop DV is to expose and fight it, rather than keeping it secret. Perceiving DV as a personal family matter would only worsen the situation. By keeping mum about it and by passively reacting to it, the victim sends the wrong signal that violence at home is acceptable; thus the greater vulnerability to repeated victimization and to a more severe degree. Since DV is essentially about freedom and security as against control and power, making victims feel they are safe and secure is usually enough for them to recover from their trauma. Although Qatar does not condone DV, it has no centralized system of protection for its victims. There are only three available agencies for victims to report their complaint: the Police Department, the QACW, or the Human Rights Commission. These agencies are tasked to receive, investigate and evaluate the merit of the filed complaint. Once it is found with probable cause, the victim is brought into a safe house for his/her safety and protection. Then the victim can go to court to sue the offender.5 However, DV is not among the categorized criminal offense under Qatar’s criminal law.6 Although Qatar’s Penal Code warrants death for the crime of rape (Article 279), and the 2006 Family Law recognizes the right of women against spousal physical and mental harm (Article 57), Qatar has no specific law against domestic violence,7 which as defined is far broader and which effect is more profound than other forms of abuse that are criminalized under Qatar’s law. C. Analysis The far-ranging effect of DV on families in the short and long term, and its potential impact on the wider society is troubling. But, much more troubling is Qatari women’s condoning attitude towards it. According to the Supreme Council for Family Affairs in Qatar, “42% of young Qatari women condone the use of domestic violence and abuse against them.” 8 The reason for this can be attributed to their interpretation of the Islamic law – that “women owe men obedience… proper care of the household, and sexual favors on demand;”9 added to this is the view that domestic violence is a private family matter that should be resolved informally to protect family reputation. However, such view can be changed if Qatar’s legal system criminalizes domestic violence. The efficacy of penal and justice system has been illustrated with the first codified family law in 2006. It was observed that this law has improved Qatari women’s sense of security, ability to make life decisions on their own, and appreciation and enjoyment of personal freedom. 10 Evidently, existing laws that protect women and children from abuse are not enough for victimized families to effectively deal with DV. It may be argued that although DV includes all forms of possible abuse, the victim may in fact sue the offender base on the form of abuse committed. What is being missed here is the context by which the abuse is committed. It is committed by one of the family kin against the same kin. So it is a crime against one’s own flesh and blood, which is the very foundation of a family. Then, seeking justice against the offender will also hurt the family. Any which way, the family suffers. In short, DV essentially weakens the very foundation of the family, which is the basic unit of the society. What is significant in DV is the cumulative effect it causes on the victim’s sense of autonomy and security. Even a victim that is subjected to low-level form of abuse but constant may suffer from learned helplessness and fear. 11 Thus Qatar’s available agencies tasked to assist and protect abused victims cannot capture the essential services that DV victims need, because these agencies only provide legal assistance and physical protection. To be hidden in a safe house may temporarily save the victim from further attack, but it may not provide the victim the emotional and psycho-social security the victim longs for. D. Commentary Compared with other forms of abuses, DV is by nature a complex issue. In Qatar, it becomes more complex due to the seemingly irreconcilable concepts between the Sharia law and the universal declaration of human rights. So, to deal with DV from a legal framework will surely be as complicated as the problem. However the predominant belief in Qatar that domestic violence at some point and to a certain degree is justifiable stems from the Sharia law. It is this law that protects offenders and entraps the abused. “All aspects of a Muslim's life are governed by Sharia law [that] comes from a combination of sources… the Qur’an (the Muslim holy book), the Hadith (sayings and conduct of the prophet Muhammad) and fatwas (the rulings of Islamic scholars).”12 In short if one will identify which problem predominates the complications in dealing with DV, it would appear that it is the law. Meaning DV is being condoned and justified because the Sharia law supports such view. As such, the best way to attack the problem is to criminalize DV using the same sources of Sharia law. For instance, Esposito argued that the Quran (citing specifically Quran 30:21; 4: 19), does not condone DV; rather it teaches love and justice and forbids cruelty in family relationships.13 Added to this, since the effect of DV on families is more psycho-social it is also necessary that the Qatar government address the problems on this plane. Meaning, the government should institutionalize human services for families that are experiencing DV. Aside from helping victims to recover from trauma, and monitoring the prevalence of DV, these institutions could also better address the root causes of DV. Thus, the approach should be two-pronged approaches that are closely interrelated – criminalizing the act yet humanizing the offender and the abused. Surely, this approach is not easy, but there is no easy solution for a complex problem. If Qatari people would really like to strengthen the fundamental social unit of this nation – harmonious families, then there is no choice but to walk this hard road. E. Conclusion DV in Qatar poses a more complex problem than in other non-Muslim countries. The complication is caused by the Sharia law, which in some ways condones and justifies DV. Yet the devastating effect it causes on victims and their families is weakening the fundamental social unit of this nation. Qatar families cope with the problem privately by enduring the abuse. Essentially, victims are trapped by family traditions and religious beliefs. On the other hand, government efforts to curb the prevalence of DV are not enough, because they only dealt with it just like any other form of abuse and without providing the necessary human services for the victims. So to overcome the legal and cultural obstacles in dealing with DV, a two-pronged approach integrating criminal justice with human services is recommended. BIBLIOGRAPHY Al-Ghanim, Kaltham Ali, Violence against Women in Qatar Society, Journal of Middle East Women’s Studies (5) 80-93 (2009). BBC Website, available http://www.bbc.co.uk/religion/religions/islam/beliefs/sharia_1.shtml (last visited May 15, 2012). Breslin, Julia and Jones, Toby. Qatar (66-84). In WOMEN’S RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA. New York, NY: Freedom House (2009). Buzawa, Eve S., Buzawa, Carl G. and Stark, Evan. Responding to Domestic Violence: The Integration of Criminal Justice and Human Services (4th edn.) Thusand Oaks, CA: SAGE Publications (2012). Esposito, John L., What everyone needs to know about Islam, New York, NY: Oxford University Press (2011). Kelly, Sanja, WOMEN’S RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA: PROGRESS AMID RESISTANCE, UK: Rowman & Littlefield Publishers (2010). National Human Rights Committee of Qatar, Information on Violence against Women and Girls and Disability, Available at http://www2.ohchr.org/english/issues/women/docs/VAWHRC20/NationalHumanRightsInstitutions/Qatar.pdf (last visited May 15, 2012). Newman, Willis C. and Newman, Esmeralda, Domestic Violence: Causes and Cures and Anger Management. Tacoma, WA: Newman International LLC (2008). Somali Net Forums Website, available at http://www.somalinet.com/forums/viewtopic.php?f=18&t=139007. The Safety Net Funders Network, Domestic Violence , TSNFN Issue Brief (2) (2010, November). TOPIX Website, available at http://www.topix.com/forum/religion/islam/TA6O6KVQD88B7HAT2 (last visited May 15, 2012). Toumi, Habib, Qatar devises measures to curb domestic violence, Gulf News, (2011, April 12). Available at http://gulfnews.com/news/gulf/qatar/qatar-devises-measures-to-curb-domestic-violence-1.790576 and at http://www.habibtoumi.com/2011/04/12/qatar-devises-measures-to-curb-domestic-violence/ (last visited May 15, 2012). Zubur, Sherifa, Arab States, In Suad Joseph & Afsaneh Najmabadi (eds.). Encyclopedia of Women and Islamic Cultures: Family Law and Politics (vol. 2). The Netherlands: Koninklijke Brill NV (2005) Read More