Wednesday 4 January 2017

Is There Honor in Honor Killings? Islamic Law

By Camille Amolo LLB
INTRODUCTION
Fouzia Azeem, better known as Qandeel Baloch, was a social media celebrity as well as a self-proclaimed Pakistani feminist, she was killed by her brother on 15th July 2016. The brother was called Waseem Azeem, he did it in the name of redeeming honour for their family name. He confessed to having no regrets for asphyxiating his sister as he believed the honour killing was necessary due to her controversial stands and statements in an otherwise conservative Pakistan community. Her death brought about talks on the epidemic that is honour killings that take place not only in Pakistan, but in many other nations.
Honour killings may be defined as, ‘acts of vengeance, usually death, committed by male family members against female family members, who are held to have brought dishonour upon the family. A woman can be targeted by (individuals within) her family for a variety of reasons, including: refusing to enter into an arranged marriage, being the victim of a sexual assault, seeking a divorce—even from an abusive husband—or (allegedly) committing adultery. The mere perception that a woman has behaved in a way that "dishonours" her family is sufficient to trigger an attack on her life.[1]’ An ‘honour’ killing is the most extreme form of honour based violence which may be expressed as a final resort; however there are other lesser responses, such as forcing marriage or other forms of violence which may also be expressed.
Historical Perspective of Honour Killings
Historically, in some Arab countries during the Ottoman epoch, a killer would "sprinkle his victim's blood on his clothes and parade through the streets displaying the bloody murder weapon… to increase his honour," thereby attracting community respect rather than condemnation for taking a life[2]. In extreme cases in the past, it was not necessary that the victim actually transgress any behavioural norms but the mere perception that a woman had contravened the code of sexual behaviour would damages her and her community’s honour[3]
The presence of honour killings, however, is not only historically premised in the Arabic and Islamic community; it was evident in several regions such as Ancient Rome where honour killings were provided in their laws that stated that women found guilty of adultery could be killed by their husband in whatever manner the husband desired. Furthermore, in ancient Rome, being raped was seen as dishonourable to the point of destroying a woman's life and reputation, and honour killing was supposed to be a "merciful" act.[4] In Ancient Greece, the lives of women were dictated by their husbands as women were considered socially below males[5] and honour-based violence were therefore common in this region during this period as well.
Although honour-based violence may be between men only (and sometimes involves women as collaborators) it is apparent in history that the violence is perpetrated almost exclusively by men against women and children whom they consider to belong to them[6]. It also generally appears in cases of adultery, pre-marital sex or having a child out of wedlock, disobeying one’s parents and either patriotism, personal insult and defaulting on Monetary Debts when the violence is between men.
In the context of Arab states however, the practice of honour killing dates back to pre-Islamic times when Arab settlers occupied a region adjacent to Sindh, known as Baluchistan, and had patriarchal traditions such as live burials of newly born daughters. These traditions in turn may be traced back to the earliest historic times of Ancient Babylon, where the primary view was that a woman's virginity belonged to her family[7].
Provisions in Sharia Law
There is no mention of honour killing in the Quran or Hadiths. An honour killing, in Islamic definitions, refers specifically to the extra-legal punishment by the family against a woman, and is forbidden by the Sharia. The Quran specifically states that, ‘whoso slays a believer wilfully, his recompense is Hell, therein dwelling forever, and God will curse him, and prepare for him a mighty chastisement,[8]’and thus considers murder to be the most serious crime against the person (Quesas[9]).
Why then are honour killings commonly associated with a religion that expressly abhors the practise of murder?
At the outset, according to the Honour Based Violence Awareness Network[10], five thousand honour killings occur internationally per year with one thousand of the killings taking place in India and another one thousand occurring in Pakistan. In these two countries that have the highest rates of honour killings, it is important to recognize the presence of ethnic cultures that entertain the honour based violence.
In India, one of the common forms of honour killing, for example, is attributed to the Raj-put[11] culture and traditional views on the perceived "purity" of a lineage while in Pakistan, the general patriarchal culture has women's lives structured through a strict maintenance of an honour code. In Pakistan, the patriarchal culture that condones honour killings is further sustained due to the fact that much of Pakistan's tribal areas are semi-autonomous and governed by often fundamentalist leaders.[12]
This brings forth the argument that societal traditions and customs, and not the religion of Islam, is what drives people in those parts of Asia to resort to crimes of honour, specifically, honour killings.
Distinction between ethnic culture and religion
Traditional misinterpretations of religion have played a significant role in developing a patriarchal culture that places an emphasis on female chastity and male superiority. The power dynamics of patriarchy has reduced women to their reproductive potential and has thus denied them agency as human beings[13]. On numerous occasions, various authors have wrongly attacked the religion of Islam for the cultural practices of Muslims in certain places in the world, such as Pakistan and India. This was particularly evident in the backlash the Islamic community received recently when Qandeel was ‘honour-killed’ by her brother in Pakistan.
Although it is noted that a community’s religion will influence their culture and culture sequentially influences how they practice their religion, there is a clear distinction between the two that needs to be recognized in order to effectively manage the appalling subject of honour killings.
In Arabic nations, most Muslims live in what are known as shame-based cultures such as those in Pakistan and India and some of these cultures are based on shame and honour rather than right and wrong.[14] In such cultures, the desire to preserve honour and thus avoid shame to the exclusion of all else is one of the community’s primary foundations[15]
Furthermore, the concept of women as property and honour is deeply entrenched in the socio-cultural fabric of several countries and as a result, many individuals, including women, support this ritual[16]. This is arguably one of the main reasons why in some regions of countries such as India and Pakistan where the concept of honour is predominant, legal authorities often ignore the daily occurrences of women being killed by their families.
Despite being legally proscribed, socio-cultural patterns remain unchanged and many people in such cultures continue to feel that honour killings are justifiable, and therefore, perpetrators are rarely brought to justice. The few cases that go to court usually result in lenient sentences or pardons for males[17].
Recommendations and Conclusion
By acknowledging this distinction, more viable recommendations to allow a progression of a society free of honour killings, may be established.
Since patriarchal biases contribute to the occurrence of honour killings it is important that governments, especially those that have high numbers of honour killings such as India and Pakistan, must consider the role of psychopathy. The disturbed psychodynamics of perpetrators, who may develop revenge and sadism, is a factor in the commission of violent crimes such as honour killings,[18] and the mental health of a society that is exposed to this violence should be prioritized. This may be done through various workshops by leaders in the society or government bodies. Furthermore, in areas where honour killings are extremely routine, mental-state examinations may be carried out, upon consent, in order to reveal the presence of any psychopathology, indicating serious, clearly identifiable mental-health issues[19]. Some psychological tests such as a personality assessment may help in the evaluation and this will in turn aid in the prevention of honour killings to some extent.
Another recommendation is stricter legal reforms. Although there are various laws, such as the Pakistani law that made honour killings punishable by a prison term of seven years,[20] due to the deeply entrenched culture that condones this honour-based violence, family members of the victim, community members and legal and government authorities in some countries may become explicit or implicit accomplices in the deaths[21]. Laws that punish accomplices or governmental authorities that do not carry out their mandate in relation to these honour killings may be provided as a punitive and preventative measure.
One major recommendation is the increase of social awareness in these regions. Social awareness on gender equality, proper Islamic teachings of respect of females, the Islamic penalty of taking peoples’ lives without justification, good and bad customs and traditions as well as the real meaning of 'honour', will create conversation and engage people on the need to speak against honour killings as part of their culture.
Finally, it is important to acknowledge that more often than not, honour killings are not a religiously motivated crime, but are instead based on personal agendas, personal ego and personal mind-set. In some cases, there are psychological connotations, as studies have shown that some perpetrators have undiagnosed mental illness and psychopathic traits or disorders[22].
It may be impossible to fully correct all the distortions of the shame and honour philosophy but by pledging our support for Arab women's liberation[23] (for instance, by advocating expanded liberties for women in different Arabic nation’s constitutions), we can develop  society not deeply supportive of honour-based violence.
The death of Qandeel Baloch, however, has developed into a community’s collective view that the concept of honour killing is an archaic cultural practise. This is especially observed once Pakistan's Prime Minister, Nawaz Sharif, vowed to tackle the problem and the judiciary’s carrying out a high-profile trial against Qandeel’s brother.
She once said that “At least international media can see how I am trying to change the typical orthodox mindset of people who don’t want to come out of their shells of false beliefs and old practices,[24]” and perhaps, with her death, her nation, and those that still condone honour-based violence, will acknowledge the same.



BIBLIOGRAPHY
The Holy Quran
‘Pakistan: Violence against women in the name of honour’, Amnesty International
‘Honour Killings – Causes’, Dr. C. Basha, International Journal of Enhanced Research in Educational Development (IJERED) ISSN: 2320-8708, Vol. 4 Issue 4
‘Preliminary examination of so-called honour killings in Canada’, Department of Justice, Government of Canada, < http://www.justice.gc.ca/eng/rp-pr/cj-jp/fv-vf/hk-ch/p3.html >
‘The Truth About Talibanistan’, Gardi Balazs, Time Magazine (2015)
‘Honor Killings Persist in 'Man's World’, Shahid Qazi and Carol Grisanti Shahid Qazi




[1] Dr. C. Basha, Honour Killings – Causes, International Journal of Enhanced Research in Educational Development (IJERED) ISSN: 2320-8708, Vol. 4 Issue 4, July-August, 2016, Impact Factor: 1.554
[2] Canada, G. of & Communications, D. of J., Preliminary examination of so-called honour killings in Canada, < http://www.justice.gc.ca/eng/rp-pr/cj-jp/fv-vf/hk-ch/p3.html > (2013)
[3] Amnesty International. Pakistan: Violence against women in the name of honour, AI Index: ASA 33/17/99 (1999)
[4] Dr. C. Basha, Honour Killings – Causes, International Journal of Enhanced Research in Educational Development (IJERED) ISSN: 2320-8708, Vol. 4 Issue 4, July-August, 2016, Impact Factor: 1.554
[5] Dr. C. Basha, Honour Killings – Causes, International Journal of Enhanced Research in Educational Development (IJERED) ISSN: 2320-8708, Vol. 4 Issue 4, July-August, 2016, Impact Factor: 1.554
[6] Canada, G. of & Communications, D. of J., Preliminary examination of so-called honour killings in Canada, < http://www.justice.gc.ca/eng/rp-pr/cj-jp/fv-vf/hk-ch/p3.html > (2013)
[7] Canada, G. of & Communications, D. of J., Preliminary examination of so-called honour killings in Canada, < http://www.justice.gc.ca/eng/rp-pr/cj-jp/fv-vf/hk-ch/p3.html > (2013)
[8] QURAN IV: 93.
[9] Islamic criminal offences that include murder, voluntary and involuntary killing and intentional and unintentional physical injury or maiming
[10] Honour Based Violence Awareness Network, International honour based violence resource centre, < http://hbv-awareness.com/ >
[11] Among Raj-puts, marriages with members of other castes can provoke the killing of the married couple and immediate family members.
[12] Gardi Balazs, "The Truth About Talibanistan", Time Magazine, April 25, 2012.
[13] Canada, G. of & Communications, D. of J., Preliminary examination of so-called honour killings in Canada, < http://www.justice.gc.ca/eng/rp-pr/cj-jp/fv-vf/hk-ch/p3.html > (2013)
[14] 30 Days of Prayer, Shame Based Culture, < http://pray30days.org/learn/culture/shame-and-honor/ > (2015)
[15] Sanity & profile, SHAME, THE ARAB PSYCHE, AND ISLAM, < http://drsanity.blogspot.co.ke/2005/08/shame-arab-psyche-and-islam.html > (2004)
[16] Canada, G. of & Communications, D. of J., Preliminary examination of so-called honour killings in Canada, < http://www.justice.gc.ca/eng/rp-pr/cj-jp/fv-vf/hk-ch/p3.html > (2013)
[17] Canada, G. of & Communications, D. of J., Preliminary examination of so-called honour killings in Canada, < http://www.justice.gc.ca/eng/rp-pr/cj-jp/fv-vf/hk-ch/p3.html > (2013)
[18] Ibid
[19] Canada, G. of & Communications, D. of J., Preliminary examination of so-called honour killings in Canada, < http://www.justice.gc.ca/eng/rp-pr/cj-jp/fv-vf/hk-ch/p3.html > (2013)
[20] Shahid Qazi and Carol Grisanti Shahid Qazi; "Honor Killings Persist in 'Man's World'". 
[21] Canada, G. of & Communications, D. of J., Preliminary examination of so-called honour killings in Canada, < http://www.justice.gc.ca/eng/rp-pr/cj-jp/fv-vf/hk-ch/p3.html > (2013)

[22] Canada, G. of & Communications, D. of J., Preliminary examination of so-called honour killings in Canada, < http://www.justice.gc.ca/eng/rp-pr/cj-jp/fv-vf/hk-ch/p3.html > (2013)
[23] Sanity & profile, SHAME, THE ARAB PSYCHE, AND ISLAM, < http://drsanity.blogspot.co.ke/2005/08/shame-arab-psyche-and-islam.html > (2004)
[24] Desk, E. 10 powerful quotes by Qandeel Baloch - the express Tribune, < http://tribune.com.pk/story/1143032/10-inspiring-quotes-qandeel-baloch/ > (2016)

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