Abstract

Keywords

Intimate partner violence; bridewealth; religion; marriage; culture.

……………………………………………………….

1 Introduction

This paper investigates the link between the resilience of gender-based violence (GBV) and socio-economic forces such as religion, culture, and tradition. The result of this investigation is significant for policymakers given the influence of these forces on the persistence of GBV and the effectiveness of GBV laws. GBV manifests within structural gender dynamics and is reinforced by cultural norms. 1

* Jane C Diala. PhD (Public Law) LLM (Comparative Law in Africa (UCT)) LLB (Madonna University, Nigeria). Postdoctoral Research Fellow, Department of Private Law, Stellenbosch University, South Africa. Email: jcdiala@sun.ac.za. ORCiD: https://orcid.org/0000-0002-1413-0725.

1 Mshweshwe 2020 Heliyon 2.

GBV as a human rights violation has spurred global interventions in the form of treaties and conventions which provide a legal framework for the fight for its eradication. According to Article 3 of the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women of 1994, "every woman has the right to be free from violence in both the public and private spheres." This establishes freedom from violence as a fundamental human right. 5

5 See the preamble to the UN Declaration on the Elimination of Violence against Women (1993) (DEVAW).

condemn violence against women and … not [to] invoke any custom, tradition or religious consideration to avoid their obligations with respect to its elimination.

Significantly Article 4 of DEVAW ensures that culture and religion are not used as an excuse to abuse women. Section D (chapter 4) of the Beijing Declaration and Platform of Action (1995) provides strategies for the

elimination and prevention of gender-based violence. These include the development of a

holistic and multidisciplinary approach to the challenging task of promoting families, training of all officials in humanitarian and human rights law and the punishment of perpetrators of violent acts against women. 6

6 For more information on the Beijing Platform of Action 1995, see UN 1995 https://www.un.org/womenwatch/daw/beijing/pdf/BDPfA%20E.pdf.

Regionally, Article 3(4) of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women, 2003 (the Maputo Protocol) provides that women shall be protected against all forms of violence. Article 4 of the Maputo Protocol enjoins all states to enact laws that prohibit all forms of violence against women. Nationally, sections 33(1), 34(1) and 42(2) of the 1999 Constitution of the Federal Republic of Nigeria (the 1999 Constitution) guarantee gender equality and respect for human dignity. The 1999 Constitution does not expressly provide for the right to security and freedom from violence in the same manner that this is stipulated in section 12 of the South African Constitution and sections 25(a) and 29(d) of the Kenyan Constitution. It merely provides in section 14(2) that the people's security and welfare shall be the government's primary purpose and in section 34(a) that no person shall be subjected "to torture or inhumane or degrading treatment". 7

7 The government has faltered since no strict measures have been taken against the drivers of violence and insecurity.

The enumeration of the legal interventions cited above is significant to show the extensive work that has been done to create viable legal guidelines to support the fight against GBV. Although Nigeria has ratified and domesticated most of these international treaties, GBV/IPV persists. 8

8 Nigeria ratified the Convention on the Elimination of Discrimination of Violence against Women (1979) (CEDAW) in 1985, and the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa (2003) (Maputo Protocol) in 2004. As Nigeria is a state party, DEVAW is applicable, but it has no binding force. Nigeria adopted the Beijing Platform of Action in 1995.

Over time the spate of acts of IPV in Nigeria has grown to the point of an alarming rise in the number of recorded deaths and bodily harm to women and girls. 10

10 Fawole, Okedare, and Reed 2021 BMC Women's Health 1.

Mrs Osinachi Nwachukwu, sparked a heated debate among Nigerians on IPV, especially in the Christian community. 11

11 Nwokocha 2023 Unizik Journal of Culture and Civilization 47; Olaoluwa 2022 https://www.bbc.com/news/world-africa-61067247.

The paper's methodology relies on a literature review and critical analysis of legislation. It argues that the underlying factors fuelling IPV go beyond patriarchy to include religion and weak legal frameworks, and that religious orientation both enhances and undermines women's agency. The paper proceeds in six parts. Following this introduction, part two critically examines IPV at the intersection of law and culture. It presents law and culture as a complex mixture of human practices, social networks and structures that sustain and undermine [mis]conceptions of IPV. Part three examines how religious beliefs construct behaviours around GBV/IPV. This analysis involves biblical references and their corresponding impact on women's agency. 13

13 Because this paper was inspired by an incident which exemplifies GBV/IPV in the context of a Christian marriage involving Mrs Nwachukwu as already highlighted above, it is natural that the paper should examine GBV/IPV in the context of the Christian religion.

2 What have law and culture got to do with IPV?

IPV is a consequence of the intersection of structural systems or factors – legal, social, cultural or political. 15

15 Uthman, Lawoko, and Moradi 2009 BMC International Health and Human Rights 12.

ability to exercise their rights. 16

16 Ajayi, Chantler and Radford 2022 Violence against Women 465-466.

IPV is deeply embedded in traditional practices which form part of the semi-autonomous fields 18

18 Chadambuka and Warria 2019 Social Work 303-304.

2.1 IPV and culture – distortion of bridewealth payment

Nigeria has strong patriarchal social structures that give men more power than women, which enables men to dominate women in both the private and the public domains. 23

23 Jaiyeola 2020 Journal of Research on Women and Gender 5-7.

Notably, bridewealth varies from society to society, both in form and in size, 28

28 Ogbu 1978 American Ethnologist 246.

accepted cattle, dresses and other items as bridewealth. 30

30 Ali, Al-Yasa'U and Wushishi 2018 IJELS 35. The Fulanis are a tribe in Northern Nigeria dominated by the Hausas.

A wife, on whose head bride price has been paid, does not take part in important family decisions, and these include decisions even concerning her. In the area of reproductive health, she has no say, yet she has rights. She has no say on when and when not to engage in sexual intercourse with her husband. She will not participate in any decision about childbearing; neither can she negotiate the use of contraceptives. 35

35 Enemo "Legal Implications of 'Bride Price' or 'Dowry'" 35.

Arguably the respective rights and obligations acquired by men and women from the payment of bridewealth have important implications for their social relations. 36

36 Fuseini and Francis I Bought You 3.

Even when you are not comfortable having like sex or whatever, he will force you to do it because he will say, I got married to you … you need to have children. I [must] have sex with you anytime I want, you are my property, which now that am here, I find ... that … abusive, but when we are back home, we took it [like] that, that is what tradition expects us to do. 38

38 Ajayi, Chantler and Radford 2022 Violence against Women 472.

Since the payment of bridewealth legalises marriage, a return of bridewealth dissolves or shows the dissolution of marriage. Where the bridewealth is not returned, the wives are forced to endure abuse and violence in the marriage. 39

39 Falana 2019 IJHSSE 137.

return of bridewealth upon divorce to enable women to leave abusive relationships. 40

40 Biryabarema 2015 https://www.reuters.com/article/us-uganda-judgement-idUSKCN0QB29420150806.

Arguably, IPV predominantly occurs because women are culturally conditioned to accept and endure abusive behaviour. 41

41 The payment of large sums of money as bridewealth does not always lead to IPV or necessarily make women endure DV.

The distortion of bridewealth, family orientation and cultural values all contribute to women remaining in abusive marriages, and enable oppression by men. 45

45 Fernández 2006 Annals of the New York Academy of Sciences 250-251.

As long as the lobola system exists (as it is), women will never be free and equal members of society because men will not regard them as such. 52

52 Vengesayi 2018 Pretoria Student Law Review 135.

The above statement holds true for the degree of change the world has undergone. The idea that the payment of bridewealth is a token indicating the great value of the bride accords with the notion of gender equality and should therefore be encouraged.

2.2 IPV and culture – women's purity and wife beating

Without putting all the blame on bridewealth payment, an understanding of the extent to which other traditional practices encourage women's tolerance of IPV is important. In most communities such as the Muslim community in northern Nigeria and the Urhobo community in the south, women are expected to be chaste before marriage and to have sexual relations only with their husbands. 53

53 Agha 2009 Archives of Sexual Behavior 900; Interights v Nigeria (Communication No 269/2003) [2005] ACHPR 67 (11 May 2005).

Given that particular social roles are socially ascribed to men and women, the gatekeepers of these norms make it a point of duty to preserve the sanctity of marriage – family. They often blame the woman for failing to uphold her responsibilities of maintaining familial harmony. 55

55 Perrin, Marsh and Clough 2019 Conflict and Health 9.

especially in rural areas justify and accept wife beating as being customary. 60

60 Awolaran, OlaOlorun, and Asuzu 2021 AJRH 114.

2.3 IPV in the context of law and politics

Arguably, the basic structures of society are "susceptible to conscious human control" and the tool for such control is the law. 61

61 Moore 1973 Law and Society Review 719.

Before offering any further analysis, it would be proper to contextualise women's political position in Nigeria. This is because women’s participation in politics will contribute to diversity and objectivity when enacting gender-responsive legislation. 64

64 Of course, given the existence of the institutionalised resistance to gender equity and the fact that the women politicians have been conditioned by their members of a patriarchal society, it cannot be assumed that women in politics are concerned with or will attempt to promote gender equity.

2.3.1 Politics and IPV

Women make up nearly half of the population of Nigeria. 65

65 Obiezue 2022 https://www.voanews.com/a/nigerian-women-demand-greater-representation-in-parliaments-/6467256.html.

Early in 2022 68 bills were tabled before Parliament, of which 5 sought to secure more opportunities for women in political parties and governance

and to create special seats for women in National and State Assemblies. 69

69 Iroanusi 2022 https://www.premiumtimesng.com/news/headlines/515664-gender-bills-nigerian-women-set-to-hold-mother-of-all-protests.html.

Would getting women actively involved in politics enhance their rights and improve gender-responsive policy and law-making? The answer is yes. It would certainly create room for diverse and new ideas. It would improve women's negotiation skills and confidence and impact positively on the economy. 73

73 Persson 2021 Electoral Studies 1-7.

When it comes to socio-cultural practices, it is wrong. If they say ‘equity’, it is okay, but equality, no. It infringes on the Islamic religion and for that reason, I do not support this bill. 75

75 Iroanusi 2021 https://www.premiumtimesng.com/news/headlines/500980-again-gender-equality-bill-suffers-setback-at-senate.html.

Likewise, another senator argued that the bill attempted to make women equal to men and contradicted Islamic tenets. The senator emphatically stated:

I will not support the passage of this unless the word 'equal' is removed. If we, have it as ‘Gender Opportunities Bill’, fine, but when you bring equality into it, it infringes [on] the practice of the Islamic religion. 76

76 Iroanusi 2022 https://www.premiumtimesng.com/news/headlines/515664-gender-bills-nigerian-women-set-to-hold-mother-of-all-protests.html.

The approval of the National Gender Policy on 2 March 2022 may well be a necessary development and a step in the right direction. It presents a set of minimum standards expected of the Nigerian government in promote gender equality, accountability and social responsiveness to the needs of vulnerable groups. 77

77 Ailemen 2022 https://businessday.ng/news/article/fec-approves-new-national-gender-policy-2021-2026/.

2.3.2 Law and IPV in Nigeria

The interplay of patriarchy, religious and cultural values and state laws reflects Nigeria's legally pluralistic condition. 78

78 Chidozie and Orji 2022 African Identities 1-3.

Nothing is an offence which does not amount to infliction of grievous hurt upon any person which is done … by a husband for the purpose of correcting his wife, such husband and wife being subject to any native law and custom under which such correction is lawful. 80

80 Section 55(1)d) of the Penal Code Law 18 of 1959, CAP 89, Laws of Northern Nigeria, 1963.

The above empowers men to abuse their wives. 81

81 Akinbuwa v. Akinbuwa 7 NWLR (pt 556) 1998 66.

offender is liable for three years of imprisonment. So for women a physical attack is a misdemeanour but for men it is a felony. This reflects the legislative injustice with respect to the treatment of the genders in Nigeria, which situation promotes the scourge of IPV.

2.3.3 Current laws on domestic violence (DV)

The overarching Act which offers legal protection from DV is the Violence against Persons (Prohibition) Act (2015) (VAPPA). However, VAPPA is applicable only to offences committed in the Federal Capital Territory Abuja and is subject to adoption by other states. Of Nigeria's 36 states, only 13 have adopted the Act. Many of the 23 that have not adopted it are in northern Nigeria, which is governed by the penal code. Lagos State, one of the 13 states, is at the forefront of the fight against GBV. 85

85 Yalley and Olutayo 2020 Social Sciences and Humanities Open 2.

In 2014 a sex offender's register maintained in terms of the Mandatory Reporting Policy was introduced in areas with the highest number of cases of GBV in Lagos State. The register, which is maintained by the Ministry of Justice, the Lagos State Judiciary, the Nigeria Correctional Services and the Nigeria Police, allows for the reporting and documenting of all cases of GBV. In 2016 a campaign tagged the “walk campaign” was organised by the then governor of Lagos State to create awareness of the dangers of GBV and to prompt courts to speedily dispense justice by adjudicating pending cases of GBV. The walk campaign was effective as a total of 852 cases of domestic violence and related cases were recorded in Lagos State in 2017. 87

87 Opakunbi 2021 SGOJAHDS 381.

Practices Bill (2017), Rivers State Prohibition of the Curtailment of Women's Right to Share in Family Property Law No 2 of 2022, the Edo State Law on Violence against Women, 2007, the Ogun State Violence against Persons Bill (2016), the Ebonyi State Protection against Domestic Violence Law, 2007, and the Cross River Domestic Violence and Maltreatment of Widows' Prohibition Law, 2014. Though the laws in these states are not as comprehensive as the laws of Lagos state, these developments show prospects of criminalising GBV. For instance, the Ekiti state GBV law provides for the creation of a specialised court in at least 3 Senatorial Districts of the state to hear cases of GBV. In June 2021 its Sexual Assault Referral Centre recorded 139 GBV cases of gender-based violence within one year of its establishment. 90

90 Adedigba 2022 https://humanglemedia.com/nigeria-struggling-to-combat-gender-based-violence-despite-laws-govt-promises/.

3 IPV and religious beliefs

Arguably IPV transcends socio-economic boundaries, law and religion. Nigeria is a religiously pluralistic state. 92

92 Akpotor 2019 IJISSHR 41.

Religion is an institutional and personal reality for many Nigerians. 95

95 Gbadegesin and Adeyemi-Adejolu 2016 JPCR 26.

3.1 Biblical misconceptions on IPV

Many misinterpreted verses in the Bible are used to reinforce cultural and traditional practices that oppress women. For example, Ephesians 5: 22-24 says:

Wives, submit to your husbands as to the Lord, because the husband is the head of the wife as Christ is the head of the church. He is the Saviour of the body. Now as the church submits to Christ, so also wives are to submit to their husbands in everything.

Most religious leaders do not emphasise the provision of verse 25, which says "[h]usbands, love your wives, just as Christ loved the church and gave himself for her." Furthermore, I Corinthians 14:34-35 states:

[T]he women should be silent in the churches, for they are not permitted to speak, but are to submit themselves, as the law also says. If they want to learn something, let them ask their own husbands at home, since it is disgraceful for a woman to speak in the church.

But Ephesians 5:33 states: "[h]owever, each one of you also must love his wife as he loves himself and the wife must respect her husband." Because of the existence of this verse, many men argue that they are obliged only to love their wives and need not respect them. But it is illogical to love someone without respecting the person.

3.2 Biblical references that undermine GBV

It is important to point out that the teachings of Jesus Christ found in the New Testament section of the Bible, plus the faith and belief of the followers in Christ the founder of the religion form the basis of Christianity. If Christian men emulate Christ's life, and love as Christ loved, then it is safe to say that the teachings of the Bible are misconstrued in most instances of GBV. The social setting during Jesus' time was strongly gendered, but his teachings spoke otherwise. As already explained, perpetrators or supporters of GBV read Bible verses only selectively. Ephesians 5:22-24 is not read with verse 25, and in conjunction with Colossians 3:19, which states "[h]usbands, love your wives and do not be harsh with them" and Psalm 11:5 that says, "[t]he Lord tests the righteous, but his soul hates the wicked and the one who loves violence". If the teachings of the Bible 99

99 Which can be understood to be the religious practice manual for Christians.

1 Timothy 2:11-12 states that: "[a] woman should learn in quietness and full submission. I do not permit a woman to teach or to assume authority over a man, she must be quiet." Yet the same Bible recorded the prowess of women as leaders over men such as Ruth, Deborah, Esther, Miriam,

Huldah, Lydia and Priscilla. 100

100 Judges 4: 5; Esther 5; Ruth 1: 15-18; Exodus 15:20; 2 Kings 22; Acts 16:14-15; Acts 18:26.

The Bible demonstrates that God is always on the side of the oppressed, and desires to transform society for those who are burdened, marginalised or unjustly treated. 102

102 Psalm 56; Luke 4:18-21; Proverbs 14:31; Matthew 9:13; Mark 3:4-5, Ephesians 5:3.

The link between IPV and religion cannot be examined without discussing divorce. What is the position of the Bible on divorce? What advice are religious leaders giving on divorce? Some religious women are enduring abusive treatment because 1 Corinthians 7: 10-11 prohibits divorce and remarriage. 106

106 Ademiluka 2019 Verbum et Ecclesia 1.

discourse around GBV/IPV and the cultural factors that sustain it, the influence of religion/religious culture is significant. 110

110 Ross 2012 Catalyst 1.

4 Gendered implications of the interaction of law, culture, and religion for IPV

What are the gendered effects of the interplay of law, culture and religion for IPV in Nigeria? This question is significant because society evolves. The interaction of law, religion and culture creates a complex and systemic environment that perpetuates normalised or institutionalised violence against women. First, religious and cultural beliefs are matters of opinion, experience and upbringing. 111

111 Knoblauch 2023 Religion 555.

The prohibition of the federal and state governments from adopting a state religion under section 38 of the 1999 Constitution and the relegation of religious and cultural practices/beliefs to a private domain create complex power relations that blur the extent to which the state can interfere in the lives of its citizens, especially in the context of IPV.

Despite its serious nature there is a dearth of cases of GBV in Nigeria especially of IPV, for various reasons. First, people rarely report cases involving abuse in relationships. Second, most reported cases are not successfully prosecuted because they are regarded as reflecting a breakdown in family relationships. 117

117 Izzi and Adiela 2021 International Journal of Civil Law and Legal Research 33.

Mary Sunday, and her fiancé, Corporal Gbanwuan, had an argument that resulted in physical injuries. 119

119 The judgment of this case is in French (ECOWAS Community Court of Justice 2018 http://www.courtecowas.org/wp-content/uploads/2019/02/ECW_CCJ_JUG_11_18.pdf) and I translated it into English online. The English text is available from the author. See the Mary Sunday case 2.

In the Mary Sunday case the court rejected the defence proffered, on the grounds that the private nature of an incident was not a justifiable reason for dismissing a case when it came to a victim’s right to access justice and a legal remedy. 122

122 See the Mary Sunday case 5.

Since GBV is a criminal offence in Nigeria, the police have the primary responsibility of ensuring that offenders are brought to account. 124

124 See the Mary Sunday case.

I have no doubt that the accused took most improper liberties with the girl who was only anxious to get a job…. It (is however) difficult to discover the necessary corroborative evidence in this case. The girl’s prompt report or complaint to her parents is certainly not corroborative evidence….

These examples show societal attitudes toward domestic violence and the lack of commitment on the part of institutional bodies to fight GBV. 127

127 Bazza 2009 Societies without Borders 175.

The third reason for the dearth of cases is that most cases of DV are adjudicated as grounds for divorce or judicial separation rather than as individual offences. 129

129 LT Adeyinka A Bibilari (Rtd) v Ngozika B Aneke Bibilari (2011) LPELR-4443(CA); Charles Owologbo Ugbotor v Floorence Mamuromu Ugbotor (2006) LPELR-7612(CA).

As a pluralistic state Nigeria should not have legal loopholes that encourage perpetrators of GBV. In terms of religion, for instance, religious leaders should speak more about IPV during marriage classes and in their sermons. Whereas the Church should be a safe place for the oppressed, it is often synonymous with abuse. The reason is that most religious women (and men) who avoid divorce or endure abuse from their partners do so because of the blame and stigma that is attached to it. 133

133 Ghafournia 2017 Journal of Religion and Spirituality in Social Work 147.

of the same faith community. 135

135 Le Roux 2015 https://jliflc.com/wp-content/uploads/2015/10/Le-Roux_SGBVFaith-scoping-study_REPORT_30Sept15.pdf 48.

Since law is regarded as "the prophecies of what the courts will do in fact" (interpretation) according to Holmes Jr, the role of the courts in the administration of justice cannot be overemphasised. 137

137 Holmes 1997 Harv L Rev 994.

5 Best African practices

The existing laws in Nigeria lack strict penalties on GBV. These laws include but are not limited to the MCA, the Constitution, and national law on GBV. 138

138 For national law on GBV, see section 2.3.3 of this paper.

highest rates of reported IPV, arguably due to the effective reporting systems, shows that the country has records of the cases, whilst cases of IPV go unreported in most Nigerian states. Having a functional data-collection system is important for the successful implementation of preventative measures and for providing better-informed responses.

Rwanda has taken critical steps towards eradicating GBV by enacting laws. For example, it passed the Prevention and Punishment of Gender-Based Violence Law in 2008. 144

144 Law No 59/2008 on Prevention and Punishment of Gender-Based Violence.

Kenya, on the other hand, has enacted laws such as the Protection Against Domestic Violence Act (PADV Act) that offer protection and relief for victims of GBV, especially those in intimate relationships. 149

149 Protection against Domestic Violence Act 2 of 2015 (the PADV Act). See also s 4 of the PADV Act.

Mutilation Act, 151

151 Prohibition of Female Genital Mutilation Act 32 of 2011.

In terms of women's participation in governance, Rwanda and South Africa have used a proportional representation system to increase and ensure the numerical representation of women in the legislature. 155

155 South Africa uses a voluntary rather than a legislated quota, but that seems effective. Some scholars may argue that this is not effective. The most important point to make is that there is a framework in place.

6 Conclusion and recommendations

GBV and IPV involve a complex interplay of cultural, religious, legal and economic factors. Their resilient nature in Nigeria is evident in the prevalence of harmful practices with deep roots in religion and culture, which are sustained by weak legal frameworks and the poor implementation of laws. 158

158 For GBV laws in Nigeria, see section 2.3.3 of this paper.

dominant social group and reinforce the subordinate position of women. So, what needs to be done?

First, religion is a personal reality for most people in Nigeria and strongly influences their behaviour. 160

160 Gbadegesin and Adeyemi-Adejolu 2016 JPCR 26.

Second, the multiplicity of laws in Nigeria makes it difficult to regulate GBV/IPV due to the tensions that arise out of their interaction. The regulation of GBV is also difficult because most cases are treated as private matters. However, GBV/IPV has transcended the private domain. State governments should therefore create a strategy that involves communities both in the drafting and implementation of GBV laws. Their participation will expose community perceptions and the lived realities that perpetuate GBV/IPV.

Third, there are regulatory deficiencies that encourage GBV, discourage the reporting and prosecution of GBV, and delay the dispensation of justice in GBV trials. These deficiencies reflect the state's lack of commitment to the protection of women's rights. Laws such as the MCA need urgent amendment. For example, section 16(1) of the MCA provides that the victim or petitioner cannot leave an abusive relationship until a conviction of the respondent has been secured. This is not only unreasonable and illogical, but it also puts the petitioner's life at risk. 161

161 Section 34 of the 1999 Constitution.

Fourth, urgent legislative measures should be taken to provide punitive punishment for GBV. Lagos State has taken a critical step in this regard. Other states should be mandated to adopt VAPPA and capacitate implementation structures such as the police, the judiciary, the Social Welfare Department, and health officials. As service providers these stakeholders should also be trained to offer better psychological support in issues of GBV.

Finally, other than policy reforms and a victim-centred approach, there is also the need to raise the awareness of GBV as a negative social

phenomenon. Awareness campaigns would inform the victims/survivors of GBV of their rights, the existing remedial laws and policies, and the available support services. They could also help to identify potential GBV by alerting couples about the signs of abusive behaviour. The issue of funding cannot be overemphasised in raising awareness. Funding helps community-based and civil society organisations to empower women, strengthen their voices, support survivors and promote gender equality.

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García-Del Moral and Dersnah 2014 Citizenship Studies

García-Del Moral P and Dersnah MA "A Feminist Challenge to the Gendered Politics of the Public/Private Divide: On Due Diligence, Domestic Violence, and Citizenship" 2014 Citizenship Studies 661-675

Gbadegesin and Adeyemi-Adejolu 2016 JPCR

Gbadegesin EO and Adeyemi-Adejolu EA "Religion and Challenges of Development in Nigeria in 21st Century" 2016 JPCR 23-31

Ghafournia 2017 Journal of Religion and Spirituality in Social Work

Ghafournia N "Muslim Women and Domestic Violence: Developing a Framework for Social Work Practice" 2017 Journal of Religion and Spirituality in Social Work: Social Thought 146-163

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Hall TW, Pilgrim R and Cavanagh RR Religion: An Introduction (Harper Row San Francisco 1985)

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Isiugo-Abanihe 1995 Genus

Isiugo-Abanihe U "Bridewealth, Marriage and Fertility in the East-Central States of Nigeria" 1995 Genus 151-178

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John, Bukuluki and Casey 2023 SRHM

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Knoblauch 2023 Religion

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Moore Law as Process

Moore S Law as Process: An Anthropological Approach (LIT Verlag Münster 2000)

Mshweshwe 2020 Heliyon

Mshweshwe L "Understanding Domestic Violence: Masculinity, Culture, Traditions" 2020 Heliyon 1-5

Msuya 2019 JAAS

Msuya NH "Concept of Culture Relativism and Women's Rights in Sub-Saharan Africa" 2019 JAAS 1145-1158

Murnen, Wright and Kaluzny 2002 Sex Roles

Murnen SK, Wright C and Kaluzny G "If 'Boys will be Boys', then Girls will be Victims? A Meta-Analytic Review of the Research that Relates Masculine Ideology to Sexual Aggression" 2002 Sex Roles 359-375

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Nwabunike C and Tenkorang EY "Domestic and Marital Violence Among Three Ethnic Groups in Nigeria" 2017 JIV 2751-2776

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Nwokocha BC "Socio-Religious and Cultural Implications of Domestic Violence: A Pragmatic Analysis of Osinachi Nwachukwu's Ordeal" 2023 Unizik Journal of Culture and Civilization 47-54

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Ogbu JU "African Bridewealth and Women's Status" 1978 American Ethnologist 241-262

Okongwu 2021 IJDL

Okongwu OC "Are Laws the Appropriate Solution? The Need to Adopt Non-Policy Measures in Aid of the Implementation of Sex Discrimination Laws in Nigeria" 2021 IJDL 26-46

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Opakunbi 2021 SGOJAHDS

Opakunbi O "Domestic Violence and Human Rights Violations in Nigeria" 2021 SGOJAHDS 373-383

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Popescu and Drumm 2009 Social Work and Christianity

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Ross L "Religion and Intimate Partner Violence: A Double-Edged Sword" 2012 Catalyst: A Social Justice Forum 1-12

Scott-Storey, O'Donnell and Ford-Gilboe 2022 TVA

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Somefun 2019 BMC Public Health

Somefun OD "Religiosity and Sexual Abstinence among Nigerian Youths: Does Parent Religion Matter?" 2019 BMC Public Health 1-11

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Sultana A "Patriarchy and Women's Subordination: A Theoretical Analysis" 2010 Arts Faculty Journal 1-18

Uthman, Lawoko and Moradi 2009 BMC International Health and Human Rights

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Yalley and Olutayo 2020 Social Sciences and Humanities Open

Yalley AA and Olutayo MS "Gender, Masculinity and Policing: An Analysis of the Implications of Police Masculinised Culture on Policing Domestic Violence in Southern Ghana and Lagos, Nigeria" 2020 Social Sciences and Humanities Open 1-9

Case law

Akinbuwa v Akinbuwa 7 NWLR (pt 556) 1998

Charles Owologbo Ugbotor v Floorence Mamuromu Ugbotor (2006) LPELR-7612(CA)

IHRDA and WARDC (obo Mary Sunday) v The Federal Republic of Nigeria (ECOWAS Community Court of Justice) case number ECW/CCJ/APP/26/15 of 17 May 2018

Interights v Nigeria (Communication No 269/2003) [2005] ACHPR 67 (11 May 2005)

LT Adeyinka A Bibilari (Rtd) v Ngozika B Aneke Bibilari (2011) LPELR-4443(CA)

Naidoo v Minister of Police 2015 4 All SA 609 (SCA)

State v Akingbade Gabriel (1971) All NLR 508

Legislation

Kenya

Constitution of Kenya, 2010

Prohibition of Female Genital Mutilation Act 32 of 2011

Protection against Domestic Violence Act 2 of 2015

Sexual Offences Act 3 of 2006

Nigeria

Constitution of the Federal Republic of Nigeria, 1999

Criminal Code Act CAP 77, Laws of the Federation of Nigeria, 1990

Cross River Domestic Violence and Maltreatment of Widows' Prohibition Law, 2014

Ebonyi State Protection against Domestic Violence Law, 2007

Edo State Law on Violence against Women, 2007

Ekiti State Gender-Based Violence Law, 2019

Law No 59/2008 on Prevention and Punishment of Gender-Based Violence

Matrimonial Causes Act CAP 220, Laws of the Federation of Nigeria, 1990

Penal Code Law 18 of 1959, CAP 89, Laws of Northern Nigeria, 1963

Police Act CAP 359, Laws of the Federation of Nigeria, 1990

Protection against Domestic Violence Law of Lagos State, 2007

Rivers State Prohibition of the Curtailment of Women's Right to Share in Family Property Law 2 of 2022

Violence against Persons (Prohibition) Act, 2015

Rwanda

Constitution of Rwanda, 2003

Prevention and Punishment of Gender-Based Violence Law, 2008

South Africa

Constitution of the Republic of South Africa, 1996

Domestic Violence Act 116 of 1998

Government publications

Abia State Abolition of Widowhood Practices Bill,2017

Gender and Equal Opportunities Bill, 2016 and 2019

Ogun State Violence against Persons Bill, 2016

Zamfara State Child Rights Bill, 2022

International instruments

Beijing Declaration and Platform of Action (1995)

Convention on the Elimination of Discrimination of Violence against Women (1979)

Declaration on the Elimination of Violence against Women (1993)

Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (1994)

Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa (2003)

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List of Abbreviations