Honor killing


Honor killing is the practice of males killing their female relatives or spouses when the female relative or spouse is considered to have damaged the family honor through unwarranted sexual activity. The males involved in the sexual activity, which might have been a rape, are not adversely affected, in general. The execution is considered to be a private matter within the affected family; rarely do non-family members or the courts become involved. Honor killings are now viewed as murder by most people.

The United Nations Population Fund estimates as many as 5000 females are anually killed worldwide as a result of honor killing.

Contents

Definitions

Human Rights Watch defines "honor killings" as follows:

Honor crimes are acts of violence, usually murder, committed by male family members against female family members who are perceived to have brought dishonor upon the family. A woman can be targeted by 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 committing adultery. The mere perception that a woman has acted in a manner to bring "dishonor" to the family is sufficient to trigger an attack. [1] (http://www.hrw.org/press/2001/04/un_oral12_0405.htm)

History

Similar practices have been known since ancient Roman times, when the paterfamilias retained the right to kill an unmarried but sexually-active daughter or an adulterous wife. It is not known when, or indeed if, the practice ended in Europe.

Crimes of passion, which are similar to honor killings, persist in Europe and Western countries. Such acts often have special status under the law. Until 1975, the French Penal Code commuted the sentence of a husband who found his wife in the act of committing adultery and killed her [2] (http://almashriq.hiof.no/lebanon/300/390/392/getting-away.html); this law passed into the legal frameworks of the many nations who based their modern legal codes on the Napoleonic Code, and in some of them it has yet to be abrogated.

Locations

As of 2004, honor killings have occurred in numerous countries, including: Bangladesh, Brazil, Ecuador, Egypt, India, Iran, Iraq, Italy, Jordan, Morocco, Pakistan, Palestine, Sweden, Turkey, Uganda and the United Kingdom. In Europe, honor killings have been reported within the Muslim and Sikh communities. Many cases of honor killing have been reported in Pakistan, where it is known as KaroKari; it is also reported among Sikhs in the adjacent Indian Punjab[3] (http://www.frontpagemag.com/Articles/Printable.asp?ID=10093).

Honor killing in Islam

Islamic law prescribes severe punishments for zina' (extramarital sex) by both men and women; premarital sex may be punished by up to 100 lashes, while adultery is punishable by stoning. The act must however be attested by at least four witnesses of good character, punishments are reserved to the legal authorities, and false accusations are themselves punished severely. The term "honor killing" refers specifically to extra-legal punishment by the family against the woman, and as such is forbidden by the sharia.

Interpretations of these rules vary. Some Arabs regard it as their right under both tradition and sharia (by the process of al-urf), though this contradicts the views of the vast majority of Islamic scholars (fuqaha.) Ayatollah Ali Khamenei of Iran has condemned the practice as "un-Islamic", though the punishment under Iranian law remains lenient. In Indonesia, the world's largest Muslim country, honor killings are unknown, as also in Muslim parts of West Africa. According to Sheikh Atiyyah Saqr, former head of the al-Azhar University Fatwa Committee (one of the oldest and most prestigious in the Muslim world):

"Like all other religions, Islam strictly prohibits murder and killing without legal justification. Allah, Most High, says, “Whoso slayeth a believer of set purpose, his reward is Hell for ever. Allah is wroth against him and He hath cursed him and prepared for him an awful doom.” (An-Nisa’: 93) The so-called “honor killing” is based on ignorance and disregard of morals and laws, which cannot be abolished except by disciplinary punishments."[4] (http://www.islamonline.net/fatwa/english/FatwaDisplay.asp?hFatwaID=9882)

Honor killing as a cultural practice

Sharif Kanaana, professor of anthropology at Birzeit University states that honor killing is

a complicated issue that cuts deep into the history of Arab society...What the men of the family, clan, or tribe seek control of in a patrilineal society is reproductive power. Women for the tribe were considered a factory for making men. The honor killing is not a means to control sexual power or behavior. What's behind it is the issue of fertility, or reproductive power.

Amnesty International adds:

"The mere perception that a woman has contravened the code of sexual behavior damages honor. The regime of honor is unforgiving: women on whom suspicion has fallen are not given an opportunity to defend themselves, and family members have no socially acceptable alternative but to remove the stain on their honor by attacking the woman". Anmesty International (http://web.amnesty.org/library/Index/engACT400012001).

Honor killing in national legal codes

According to the report of the Special Rapporteur submitted to the fifty-eighth session of the United Nations Commission on Human Rights, in 2002, concerning cultural practices in the family that are violent towards women (E/CN.4/2002/83, linked below):

The Special Rapporteur indicated that there had been contradictory decisions with regard to the honour defence in Brazil, and that legislative provisions allowing for partial or complete defence in that context could be found in the penal codes of Argentina, Bangladesh, Ecuador, Egypt, Guatemala, the Islamic Republic of Iran, Israel, Jordan, Lebanon, Peru, the Syrian Arab Republic, Turkey, Venezuela and the West Bank.

Some of these (eg Turkey) have since been abrogated.

Countries where the law can be interpreted to allow men to kill female relatives in cold blood as well as in flagrante delicto (in the act of committing adultery) include:

  • Jordan: part of article 340 of the Jordanian Penal Code states that "he who discovers his wife or one of his female relatives committing adultery and kills, wounds, or injures one of them, is exempted from any penalty" [5] (http://www.noor.gov.jo/main/honorcrm.htm). This has twice been put forward for cancellation by the government, but was retained by the Lower House of the Parliament[6] (http://www.jordanembassyus.org/01272000001.htm).

Countries that allow men to kill female relatives in flagrante delicto (but not in cold blood) include:

  • Syria: Article 548 states that "He who catches his wife or one of his ascendants, descendants or sister committing adultery (flagrante delicto) or illegitimate sexual acts with another and he killed or injured one or both of them benefits from an exemption of penalty."

Countries that allow husbands to kill only their wives in flagrante delicto (based upon the Napoleonic Code) include:

  • Morocco, where Article 418 of the Penal Code states "Murder, injury and beating are excusable if they are committed by a husband on his wife as well as the accomplice at the moment in which he surprises them in the act of adultery."
  • Haiti, where Article 269 of the Penal Code states that "in the case of adultery as provided for in Article 284, the murder by a husband of his wife and/or her partner, immediately upon discovering them in flagrante delicto in the conjugal abode, is to be pardoned."

In Turkey, murder laws formerly contain a specific provision for reduction in sentance from an maximum of 24 years imprisonment to 8 years if the perpretrator was "provoked". The sentance was raised to 24 years in 2003. After European Union pressure, Turkey prohibited family members from being able to claim "provocation" and thereby receive lighter sentences. [7] (http://www.islamreview.com/news/2004_news2a.htm#45)[8] (http://www.islamonline.net/English/News/2004-07/08/article02.shtml)

In two Latin American countries, similar laws were struck down over the past two decades: according to human rights lawyer Julie Mertus "in Brazil, until 1991 wife killings were considered to be noncriminal "honor killings"; in just one year, nearly eight hundred husbands killed their wives. Similarly, in Colombia, until 1980, a husband legally could kill his wife for committing adultery." [9] (http://www.law-lib.utoronto.ca/Diana/fulltext/wile.htm)

Countries where honor killing is not legal but is frequently ignored in practice include:

  • Pakistan: Honor killing are supposed to be prosecuted under ordinary murder, but in practice police and prosecutors often ignored it. [[10] (http://www.taipeitimes.com/News/world/archives/2004/07/24/2003180222)] Consequently, on October 26, 2004, Pakistan's lower house of Parliament passed a bill that would make honor killings punishable by a prison term of seven years and the death penalty in the most extreme cases. The bill must be approved by the upper house before becoming law. The bill was introduced by the Pakistani President Pervez Musharraf due to the hundreds of honor killings that occur each year in Pakistan, government officials reported. Nilofer Baktiar, advisor to Prime Minister Shaukat Aziz, stated that in 2003, as many as 1,261 women were the victims of honor killings. [11] (http://www.nytimes.com/2004/10/27/international/asia/27stan.html?oref=login)

Hamas and honor killing

Anonymous Israeli military sources have stated that two female Hamas suicide bombers, a mother of six and a mother of two children under the age of 10, were allowed by Hamas to undertake their missions in place of becoming victims of an honor killing. Hamas denies this claim.

According to military sources, the terrorist paid a cruel price for being involved in an illicit love affair and was forced to sacrifice herself in order to clear her name and the honor of her family.—[12] (http://www.imra.org.il/story.php3?id=19474)
Hamas has denied reports in the Israeli press that Mrs Riyashi was coerced into becoming a human bomb to restore her family honour and atone for an extramarital affair.—[13] (http://www.guardian.co.uk/israel/Story/0,2763,1131866,00.html)

See also

References and further reading

  • "Jordan Parliament Supports Impunity for Honor Killing," Washington, DC: Human Rights Watch Press Release, January 2000
  • Burned Alive: A Victim of the Law of Men A first-person account of a victim of an attempted honor killing (ISBN 0446533467)

External links

de:Ehrenmord nl:Eerwraak

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