Adequacy of criminal law in protecting women against domestic violence in Afghanistan, Malaysia and Islam : a comparative evaluation

Abstract

Domestic violence, known as violence between husband and wife or violence between unmarried partners, has become a global issue. It deprives an individual from their human rights, freedom, liberty, and dignity and converts them into a compelled slave. The aggressive individual is frequently exposed to rape, forced marriage, and other practices of exploitation. Domestic abuse has a harmful effect on victims' physical, responsive, and non-physical well-being as well as effect on social norms and human values. In Malaysia, a total of 9,015 domestic violence instances had been documented since March 2020, when the mobility control order was implemented, in Afghanistan, more than half of all Afghan women have been bodily, sexually, or emotionally abused and, more than 60% were married without their permission between 2016 and 2020. Therefore, both countries are attempting to reduce crime and protect victims of these atrocities through the passage of special legislation. The researcher examines the adequacy of the victim protection mechanism in this study. It analyses the protections offered by the Afghanistan and Malaysian Acts and discusses the Acts' positive advancements as well as its weaknesses and shortcomings. The researcher divides this study into seven chapters, using a doctrinal research method and a comparative legal reach method, the researcher formulated the dissertation. To achieve its goal, the study uses a comparative and analytical approach. Researcher gathers material from both primary and secondary sources, including academic journals, books, reports, periodicals, and online databases. Both Acts give certain protections that are beneficial to victims, but they also give many measures that are deemed inadequate. Additionally, there are some features that are missing from both Acts and hence must be incorporated into the Acts. The researcher suggests that both countries take into account the study's recommendations for further enhancing the Acts' provisions on victim protection.