Law, Religion, Spirituality and Domestic Violence

Domestic Violence Throughout History


Domestic violence, including battering, has a long history and is prevalent in many societies and legal systems. Many people around the globe still think that families are organized in hierarchies, with the father at the top, followed by the wife and then the kids. In some cultures, the wife was permitted to beat the children while the man was permitted to use violence to force the wife or children to comply with his demands. The Code of Hammurabi that was enacted in 1800 BC allowed the husband to inflict any punishment that he saw fit to all the members of the household (Delgado, 2000). The Roman Code of Paterfamilias went further to allow the man put his wife to death in case she committed adultery and prohibited the wife from doing so in similar circumstances (Kant, 1887). In the US, there was no law in many states that warranted the arrest and prosecution of perpetrators of domestic violence. Instead, such cases before the court would end up with the magistrate recommending reconciliation or separation. A state like California started arresting domestic violence perpetrators in 1977 after it became evident that the two methods were not effective (Hart, 1992). Therefore, early laws contributed immensely towards the acceptance of domestic violence.


How Religion and Spirituality Increase Resilience


Most religions elevate the man above the woman and other members of the household. They insist on the importance of the wife listening to her husband as the head of the house. Unlike the early laws, any religions do not directly allow members of the family to batter each other but many religious narratives have been misused for a long time to create this impression (Watlington & Murphy, 2006). However, the fact that they order women and children to listen and follow the man as the head of the house builds the resilience of these two groups in the face of domestic violence. Therefore, a woman is likely to withstand violence from the husband with the belief that they are fulfilling their religious duty. Another perspective that is influenced by religion is that marriages and families are permanent institutions and should hold together. Therefore, many people believe that taking action against perpetrators of domestic violence will affect the bonds between family members. As a result, remaining silent in the face of domestic violence is seen as a way of protecting the family (Bent-Goodley et al., 2006).


The Role of Religion in Dealing with Domestic Violence and Supporting Victims


Many people in the contemporary world subscribe to a certain religion that impacts how they handle experiences of victimization through domestic violence (Watlington & Murphy, 2006). Most regions preach belief systems and values that are often misinterpreted. However, these teachings are meant to promote the wellbeing of individuals and relationships. Many religious leaders offer counselling services to couples and families and discourage them from meting violence on each other in case of a conflict and instead seek alternative ways of resolution (Watlington & Murphy, 2006). This support, together with resources that help abuse victims to find safety have played a key role in helping victims of domestic violence, especially women, come out and disclose their suffering. Religious leaders and institutions should themselves with the responsibility of initiating and supervising recovery for victims of domestic violence. They should also counter the twisted religious narratives that are used to justify domestic violence.

References


Bent-Goodley, T. B., & Fowler, D. N. (2006). Spiritual and religious abuse expanding what is known about domestic violence. Affilia, 21(3), 282-295.


Delgado, R. (2000). Goodbye to Hammurabi: analyzing the atavistic appeal of restorative justice. Stanford Law Review, 52, 751.


Hart, B. (1992). State codes on domestic violence: Analysis, commentary and recommendations (Vol. 43, No. 4). DIANE Publishing.


Kant, I. (1887). The philosophy of law: an exposition of the fundamental principles of jurisprudence as the science of right. The Lawbook Exchange, Ltd.


Watlington, C. G., & Murphy, C. M. (2006). The roles of religion and spirituality among African American survivors of domestic violence. Journal of clinical psychology, 62(7), 837-858.

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