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May 28, 2006

Pakistan: Muslim Honor Killings Confronted?

The following article originally appeared on May 28, 2006 on the website Western Resistance, now defunct. I have archived the text of the article because I originally linked to it from my post Tea with a Stranger:

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We reported on May 21 on the case of Ayesha, an 18 year old girl, accused of adultery by her husband of only one and a half months. She had left the marital home to stay with her brother, but Eisa Khan Khosa, her husband visited her there, accompanied by his own brother. They persuaded Ayesha to return to the marital home, and she agreed. Along the way, they cut off her nose and her lips, and left her in a field.

The incident happened in southern Punjab province in Dera Ghazi Khan, near the approaches to the Baluch highlands. The Pakistan Daily Times carries a picture of Ayesha (shown) and her account of the incident. Unlike the earlier account, it appears that her upper lip and nostril were not cut off but, slit, Chinatown-style. Nonetheless, without extensive plastic surgery, she will be scarred for life.

Ayesha Baloch said at Multan hospital: "First they tortured me and beat me. I started screaming. Akbar then caught my hands and pulled me to the ground. Essa sat on my legs and cut my nose and lips."

"I was bleeding and started screaming after they fled on a motorcycle. People heard me and rescued me and took me to my mother's home."

This act of mutilation at least left her alive. Such mutilations are connected with Muslim honor killings. We reported in November on the case of Shamin Mai, who committed the crime of marrying a man of her own choosing, rather than allowing her family to choose her marriage for her. For this "crime", her brother Bashir and her uncle Bilal, with four other individuals, chopped off her legs.

We mentioned on May 22 that a conference on honour killings had begun in Pakistan's capital, Islamabad, entitled "We Can End Honour Killing". Various representatives from NGOs and rights groups were in attendance, and their statistics are dispiriting. Between 1000 and 1500 people, mostly women, are annually slaughtered because of suspected "impropriety" or refusal to engage in the forced marriages which are so common amongst Pakistani families, no matter where they live.

Just from media reports, between January and April this year, 158 women and 56 men had been killed nationally in honor killings. In North-West Frontier Province, a total of 76 women and men had been killed this year.

Further details of this conference can be found in Dawn and the Daily Times. Honour killing only became illegal at the start of last year. Officially, a minimum 10-year jail sentence is imposed on perpetrators of honour killings. In practice, however, there is a problem.

As we reported on April 6, the law includes a clause called "compoundability". This allows the perpetrator of a crime to legally bribe the relatives of a victim, and thus walk away free.

As many cases of honour killing involve the complicity of the victim's relatives in the murder, such a clause is not designed to bring justice. As I. A. Rehman, the director of the Human Rights Commission of Pakistan (HRCP) said at the conference: "The element of compoundability makes the law a joke."

Another speaker at the conference was Ms Farhana Faruqi Stocker of Oxfam. She said that although 10,000 people regarded as "change-makers" had signed up to the movement to end honour killing, but said that for honour killing to really end, two groups need to be behind the movement. She told Reuters: "The mindset of legislators has to be changed in order for good legislation to come out." The other group is less easy to subject to control, as they live in rural areas where they are treated as more important than officials of the law. They are the law. Stocker said: "In order to bring change, we have to engage with clerics."

Honor killings are known as "kari-karo". This comes from the word 'black". A "sinful woman" is regarded as a "black" woman. The female version of the word for black is "kari". The male equivalent is "karo".

Fida Hussain Mastoi, a deputy inspector-general of police in Sindh stated that the police can do little even to stop the increase in honour killings, let alone prevent the custom.

The blame is often laid at the door of "tribal customs" and people try to avoid the taint of Islam in honour killings. But the Hudood Ordinances, a set of Islamic laws, condone stoning a woman to death for adultery.

That honour killings also happen among people of culturally separate Kurdish, also Turkish and Palestinian ethnic origins, gives the lie to the notion that tribal customs are to blame. Islam is to blame, and Islam alone.

We told the story of Mukhtar Mai, a woman who in June 2002 was ordered by a Muslim panchayat to be gang-raped by a group of volunteers in her Punjabi village of Meerwala Jatoi. Her "crime" had been that her 12-year old younger brother had been seen walking with a girl of a higher caste.

On Thursday, March 2 her six gang-rapists, some of whom had earlier been sentenced to death, were all released from jail on appeal. At the appeal, their relatives had threatened to kill anyone who testified against them.

Mukhtar Mai states that: "Until women are allowed to get educated ... these crimes will continue." It will mean more than education to change attitudes. 70% of Pakistan's populations live in rural communities, and as they move into cities, they bring their village customs with them.

The Islamic councils, called panchayat in Punjab, and jirga in North-West Frontier Province, are the sole source of law in Pakistan's rural communities, and the maulvis or imams are merely individuals chosen by the communities. There is no need for a qualification or training to become an imam.


In many cases, the decisions of these Muslim rural courts are staggering. In November we reported on how a Punjabi panchayat ordered that five girls (three of them pictured) should be ordered to be abducted, raped or killed if they did not submit to forced marriages arranged for them when they were small children. The "marriages" were part of a tradition known as vani in Punjab, swara in Northwest Frontier Province. Vani is a "compensation" marriage. If a man has committed a crime, a Muslim village court can order his female relatives to be given away in marriage.

Vani, which is closely linked to the custom of honour killing, became illegal at the same time as honour killing. The law was changed after a Muslim court in 2004 ordered that a three year old girl should be married off to an old man of 60.

The fact that parents in so many Muslim societies decide that they must choose the future spouse of their offspring is a root cause of the problem. In Pakistan, arranged marriages are the norm, but ultimately, these are often forced marriages. And when a person in authority can decide that his own flesh and blood is a chattel to be bartered and bargained with, this acts to strengthen the authority of the rural Islamic councils.

We have described how children have been virtually "sold". More often than not, girls are traded as commodities, the "get-out-of-jail-free" token for a criminal man to publicly expiate his guilt. Vani and swara marriages are specifically used for compensation for the crime of someone else.

When girls can be treated so cheaply, as bargaining chips, the jirgas and panchayats are above any law. And for Muslims, the rights of women and girls are nothing. When Mohammed the "prophet" bedded a nine-year old child bride, before she could decide her own fate, a dangerous precedent was set. It led to the teachings of the Ayatollah Khomeini, who said: "A man can have sexual pleasure from a child as young as a baby. However, he should not penetrate. If he penetrates and the child is harmed then he should be responsible for her subsistence all her life. This girl, however would not count as one of his four permanent wives. The man will not be eligible to marry the girl's sister."

Islam is the problem, and when communities give all power to Islam, their representatives can order whatever they wish. We reported on April 29 that in Dir, in Pakistan's North-West Frontier Province, a Muslim jirga, attended by 4,000 people, declared that not only was honor killing permissable, but if anyone disagreed and reported cases of honor killings to the authorities, they would be killed.

Honor killings are part of a larger constellation which in Pakistan includes vani, swara, forced and arranged marriages. And beyond Pakistan, though it is regarded as a sin to commit suicide, Muslim girls are often encouraged to commit suicide when they are seen to have become "tainted". In Ramallah, "Palestinian" territory, on January 2, 2004, Amira Abu Hanhan Qaoud gave her daughter Rofayda a razor blade and ordered the teenager to kill herself by slashing her wrists.

Rofayda's crime was the fact that she had been raped by her two elder brothers and had become pregnant. The child of the rape had been born and given up for adoption. When Rofayda did not obey her mother, Mrs Qaoud put a plastic bag over her daughter's head, sliced her wrists with the razor blade, and when her daughter went limp, she finished her off with a blow on her head from a stick.

And such incidents are not unique. The Italian news agency AKI and the UK Independent report that in Turkey, girls have killed or attempted to kill themselves this year in record numbers. These suicides are happening in the eastern parts of the country. In the city of Van this year, 20 young women have committed suicide, more than happened in the whole of 2005. In the Kurdish city of Batman, 10 women and girls under the age of 23 have committed suicide.

Activists state that Turkey has increased the sentencing for honour killings, to be in line with the European Union which it wishes to join. Formerly honour killings got light sentences, because they were thought to involve mitigating circumstances.

But activists are now claiming that, rather than see a man going to jail for a lengthy period for committing an honour killing, girls are being made by relatives to commit their own honour-killings, upon themselves. On 24 May, Yakin Erturk, the UN special rapporteur on violence against women, travelled to Batman to investigate this increased suicide incidence of young women and girls.

The life of a girl is virtually worthless in Islam. She may be desirable for a brief period in her life, often well under the age that would be considered moral, but her position is always going to be inferior to a man. In Islamic law, a woman's testimony in a sharia court is considered as worth half that of a man. A woman cannot divorce her husband, yet he can divorce her merely by saying "talaq" three times. A woman can only have one husband, but in sharia, he can have up to four.

And for young women in Pakistan, some of whom are promised in vani marriage before they are even born, no amount of legislation or education is going to change a thing. Islam always favours the boy children in a family, and girls are to be traded off, forced into marriage to satisfy their parents' desires and not their own.

And for the young bride, Ayesha Baloch, whose face will forever be disfigured, whose reputation will now forever be tarnished, there will be no justice. Her assailants, the husband and his brother who mutilated her, are in custody. But she knows that they will not be there for long. Ayesha said: "They are powerful people with money, and will get out on bail."
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May 25, 2006

Pakistan: "Hudood" Ordinances (Islamic Rape/Adultery Laws) May Be Repealed

The following article originally appeared on May 25, 2006 on the website Western Resistance, now defunct. I have archived the text of the article because I originally linked to it from my post Tea with a Stranger:

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We mentioned on April 6 that in 1979, under the Islamification process instigated by the dictator General Zia ul-Haq, a controversial set of laws was introduced, called the Hudood Ordinances. The main controversy of this set of laws was that it made no distinction between rape and adultery.

The Hudood Ordinances had been introduced on February 10, 1979, but have led to gross injustices against women. Particularly in cases of rape where there are few witnesses, a victim of rape often ends up in prison when she has "admitted" she had had illicit intercourse or zina.

As we reported in April, a report, published in March by The Human Rights Commission of Pakistan (HRCP) stated that of the 6,000 women and children being held in prison in Pakistan, the vast majority (80%) were imprisoned because of the Hudood Ordinances, most of these being charged with adultery.

The full text of the Hudood Ordinances can be found here, where the crime of "zina is defined and categorised. Zina is sexual intercourse between a man and a woman who are not married to each other.

The law actually allows those men or women who are found guilty of zina to be subjected to Hadd, which is carried out in the form of public stoning to death if the perpetrator is a Muslim. If the perpetrator is not a Muslim, then the perpetrator of zina can be given a public flogging of 100 lashes.

The sin of rape is regarded as zina-bil-jabr and the sentence is the same, except that here too a non-Muslim can be sentenced to death as well as receiving 100 lashes.

If a perpetrator (or victim of) zina-bil-jabr is not an adult, the person is liable to a prison sentence of five years, with the possible addition of 30 lashes and a fine.

The controversial part of Hudood comes in article 8: "Proof of zina or zina-bil-jabr liable to hadd":

Proof of zina-bil-jabr liable to hadd shall be in one of the following forms, namely:-
(a) the accused makes before a Court of competent jurisdiction a confession of the commission of the offence; or
(b) at least four Muslim adult male witnesses, about whom the Court is satisfied, having regard to the requirements of tazkiyah al-shuhood, that they are truthful persons and abstain from major sins (kabair), give evidence as eye-widnesses of the act of penetration necessary to the offence:
Provided that, if the accused is a non-Muslim, the eye-witnesses may be non-Muslims.

This is the clause which has created the biggest confusion surrounding the Hudood Ordinances, as by reporting a rape, a Muslimah is therefore confessing to zina, and is thus liable to hadd (stoning). Fortunately, no-one has so far been stoned to death under these unjust rulings.

However, that does not mean that the sentence of stoning to death has not been given out. According to an article which originally appeared in Pakistan's Daily Times on Sept. 12, 2003, up to 1988, a total of 26 sentences of stoning to death had been issued by courts. In all of these cases, appeals to superior courts reversed the death sentences. The article states:

The testimony of women is not considered for hadd punishment even though she may be the victim, as in cases of rape. Since hadd has never been executed, the obvious discrimination in the law gives the impression that the State considers women and non-Muslims to be unreliable citizens......

...A very large number of women have been tortured, molested and raped by the police with impunity. From 1980 to 1987, the Federal Shariat Court (FSC) alone heard 3,399 appeals of zina involving female prisoners. This is only the tip of the iceberg, given the number of women arrested and released before reaching the appeal stage. Once a woman is accused of zina, she stands stigmatised regardless of subsequent acquittals. Apart from a couple of isolated women prisoners, the majority of them come from extremely disadvantaged sections of society. These figures beg some compelling questions: Was there less zina before the promulgation of the hudood law? How is it that once women are made punishable under the law thousands of complaints are filed as against hardly any under the old law which protected women? Why are nearly all women accused of zina poor and illiterate? Are they more promiscuous than the rich and the famous living in our society?

In many cases, women alleging rape have been arrested and convicted of zina. The accused men are given the benefit of the doubt and acquitted by the FSC. The present trend is to arrest all married couples who contract a nikkah (a religious ritual formalising the engagement of a couple before marriage) without the blessings of their families. The female is pressured by the police and by some judges to abandon her husband. She remains in a bind. Denial exposes her to the risk of being prosecuted for zina, and acceptance keeps her from securing bail.

Various groups, such as the Pakistan Women's Commission and Lawyers For Human Rights & Legal Aid have campaigned for the Hudood Ordinances to be repealed. During the premierships of both Benazir Bhutto and Nawaz Sharif, commissions investigated the enactment of the Hudood laws. Bith commissions recommended that they should be repealed, but no action was subsequently taken.

A report by Human Rights Watch (HRW) states that for witnesses to zina (penetration) the testimony of a woman carries no legal weight for Hadd (death by stoning). In practice, women found guilty have been unable to testify in their own defence.

Most of the rape, adultery and fornication cases invoke the lesser punishments of "tazir" which involve imprisonment, fines, or lashes. HRW states the fear of "hadd" punishments act as a disincentive against women pressing ahead with cases where they have been the victims of rape. They cite a case of five women from Larkana, who were gang-raped in January 1991. They withdrew their accusations when threatened with being charged under the Hudood Ordinances.

Another case from the same year involved a woman called Majeeda Mujid. She had been abducted by a gang of men and had been repeatedly raped over a period of two months. When she went to the police, she was imprisoned, and her rapists were set free.

HRW notes that Pakistani legal aid attorneys have observed that most Hudood cases are brought by the woman's husband or father, with no supporting evidence. In most of these cases, the only "crime" the woman has committed is to refuse to submit to a forced marriage arranged by their families.

Acquittal rates for Hudood stand at only 30% of cases. But HRW states that in the way most Hudood trials are conducted, there is an assumption made that women are automatically guilty until proved innocent.

The All Pakistan Minorities Alliance (APMA) states that Christians are often made victims of the Hudood Ordinances, according to a report in the July 20, 2004 issue of the Daily Times. Michael Javed, then president of APMA claimed that since 1986, 2,000-2,500 Christians in Sindh and nearly 5,000 in Punjab province had been charged under Hudood Ordinances. Javed said that these were booked by police on false charges of adultery, kidnapping and violating prohibition.

He also cited the 1986 blasphemy laws, which were unfairly applied to Christians, far more frequently than Muslims (even though Chrisians only comprise 3% of the national population.

Now, according to the Pakistan Daily Times the Federal minister for law, justice and human rights, Wasi Zafar (pictured above) said earlier today on Geo TV that the government will repeal the Hudood Ordinance.

He had proposed amendments to the Hudood Ordinance and submitted a draft of his proposed amendments to the appropriate legal department.

Zafar said: "Some clauses in the ordinance will be included in the Pakistan Penal Code (PPC) and the ordinance will be automatically repealed when it is included in common law."

In January, Zafar promised that he was committed to reforming the judiciary, and was preparing to introduce quotas for women in the legal professions.

The news appears good, but until it becomes a reality, there is no cause for rejoicing yet. The Islamist opposition parties, the coalition called the Muttahida Majlis-e-Amal or MMA will fiercely contest any amendments to the Hudood Ordinances, let alone their full repeal. The MMA proved during the February riots concerning the Danish cartoons that they have the power to mobilize Muslim mobs to get their own way.


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