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)
[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.
[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)
[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)
[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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