Challenges of implementing restorative justice for intimate partner violence: An Islamic perspective

Abstract

Intimate partner violence (IPV) is currently recognized as a critical public health concern and a human rights issue. Not surprisingly, Muslims -a religiously and socio-culturally diverse faith-based populace -are not an exception. To address this complex area of criminal justice and social policy, some scholars advocate implementing restorative justice (RJ) approaches.While RJ approaches have been traditionally used in Islamic cultures for conflict resolutions, to date, few studies have investigated how RJ operates in dealing with IPV in Muslim countries and communities. This article explores how RJ approaches towards IPV operate in some Muslim countries/communities, and offers insights into developing culturally and religiously appropriate ways of implementing RJ in IPV situations among Muslims. Given the prevalence of IPV among Muslims, the question is particularly important and timely. Taking exclusively limited examples of RJ approaches that have been used to mediate IPV cases in Muslim countries and communities, this paper found one significant challenge in the RJ approaches among Muslims: inappropriate norms/understandings about IPV. To reduce IPV in Muslim society, it is necessary to develop treatment models and techniques that meet cultural and religious needs. This paper found that since RJ is not alien to Islamic teachings, RJ approaches can be implemented effectively in dealing with IPV among Muslims by ensuring justice and equity of the abused woman. The findings of this paper will assist policymakers, practitioners, and service providers in providing religiously and culturally appropriate care when addressing IPV issues among Muslims.

“Gatekeeping Family Violence”: The Role of Religious and Community Leaders in the Afghan Migrant Community in South Australia

“…Hence, this finding is consistent with existing research on faith leaders and their role in responding to family violence (see, for example, Special Taskforce on Domestic and Family Violence 2014, p. 104;Truong et al 2020;Victorian Government 2016, Chapter 29. See generally Bartels 2010;Ghafournia 2017;Vaughan et al 2020;Vaughan and Sullivan 2019;Davis et al 2021;Islam et al 2018;Truong et al 2020;Nason-Clark et al 2017;Chireshe 2015;Istratii and Ali 2023;Behnke et al 2012;Perkins 2019).…”

Survivor-Centered Transformative Justice: An Approach to Designing Alongside Domestic Violence Stakeholders in US Muslim Communities

“…Such focus dismisses knowledge that abusers commonly use apology to manipulate their victims and others [108]. Conferencing may also expose the victim-survivor to further harm through interacting with the abuser or the pressure to comply with what the community wants rather than her needs [31,66]. Further, the act of restoration assumes there existed a state of non-harm for both the victim and abuser, which in DV within marginalized communities is not always the case (e.g., victim-survivors and perpetrators face systemic harm and trauma requiring comprehensive healing) [31].…”

“…In our case, racism and Islamophobia are rampant systematically, resulting in economic and social disadvantages among other consequences. Faith leaders who are front-line responders to DV cases within their communities can use their religious status to support patriarchal practices and justify abusive behaviors [57,66]. Thus, to transform the Muslim-American woman's experience, collective trauma needs to be healed and religious institutions must develop proper training and prioritize resources to effectively deal with domestic violence within their community.…”

“…Their work is focused on preventing abusive behavior by encouraging perpetrators to be self-aware, acknowledge the extent of harm done, provide support, and respect authority [18]. The gist of Bellini et al (2020)'s work is around designing for responsibility, where technology is leveraged to encourage the development of non-abusive practices, which complies with the values of TJ and RJ [31,66,87].…”

“…By not reflecting divorce in both systems, harm is inflicted where survivors are either kept hostage in their marriage or their legal divorce rights are ignored. Constructing DV as a public issue and crime stresses its seriousness, allows for communities to hold individuals accountable, and attends to the survivor's choice and need for external validation and intervention [31,66].…”