SEXUAL DOMESTIC VIOLENCE: FACTORS THAT LEAD BASED ON DISSOLUTION OF MARRIAGE CASES

Abstract

Sexual domestic violence is a reality that occurring in society and becoming among the contributors of divorce in Malaysia. The objective of this research is to look into the types of allegations of sexual domestic violence based on dissolution of marriage cases in the Syariah Lower Court of Kedah and Penang. In addition, this research also observes the factors affecting the violence based on the same files. Qualitative method was employed in the research and the data was obtained from documentation research and archival research. The data obtained were analysed by content analysis method. Research findings have shown that the characteristics of sexual domestic violence include sodomy and forced sexual intercourse – during postpartum period, when the wife is unwell, and without consideration of time, condition, and place. A number of plaintiffs also reported being physically and verbally abused before, during, and after the intercourse. Another characteristic as reported by the plaintiffs is being forced to involve in sexual intercourse even though they did not received any financial support from their husband. This research found that there are three major factors contributing to this violence: the influence of pornography, the husband's negative attitudes, religious exploitation and ignorance. This research concludes that there is a misunderstanding of the conjugal rights and responsibilities that leads to the occurrence of sexual domestic violence. This misunderstanding needs to be immediately corrected by the authorities in order to avoid this violence continuous infecting the Muslim marital institution.