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ESSAY All
in the Family By Yotam Feldner
On May 31, 1994, Kifaya
Hussein, a 16 year old Jordanian girl, was lashed to a chair by her
32 year old brother. He gave her a drink of water and told her to
recite an Islamic prayer. Then he slashed her throat. Immediately,
afterward, he ran out into the street, waving the bloody knife and
crying. "I have killed by sister to cleanse my honour." Kifayas
crime? She was raped by another brother, a 21 year old man. Her judge
and jury? Her own uncles, who convinced her eldest brother that Kifaya
was too much of a disgrace to the family honour to be allowed to live.
The murderer was sentenced to fifteen years, but the sentence was
subsequently reduced to seven and a half years, an extremely severe
penalty by Jordanian standards. Today, honour killings are prevalent mostly among Muslim populations.
This article analyses the social, legal, and religious circumstances
of honour-killings in one Muslim state Jordan where,
according to official Jordanian records, honour crimes lead to the
death of 20-25 women yearly. (The real number is probably much higher,
with murders hidden as suicide or accidents; a 1998 State Department
report estimates the annual number at about 100.) Jordan is of particular
interest because of a campaign launched in the summer of 1999 to abolish
the reduced penalties for honour crimes, which encountered fierce
opposition by conservative forces in the Jordanian parliament. This
debate made explicit arguments which are normally kept quiet. The
article also includes examples from Egyptian and Palestinian societies.
Two types of Honour Understanding the nature of these crimes requires a short review
of the notion of honour in traditional Arab society, where a distinction
is made between two kinds of honour: sharaf and ird. Sharaf
relates to the honour of a social unit, such as the Arab tribe or
family, as well as individuals, and it can fluctuate up or down. A
failure by an individual to follow what is defined as adequate moral
conduct weakens the social status of the family or tribal unit. On
the other hand, the familys sharaf may be increased by model
behaviour such as hospitality, generosity, courage in battle etc.
In contrast, ird relates only to the honour of women and its
value can only decrease. It translates roughly as the Western concept
of "chastity" or "purity." And as with chastity or purity, exemplary
moral behaviour cannot increase a womens ird but misconduct
reduces it. In addition, ird trumps sharaf: the honour of the
Arab family or tribe, the respect accorded it, can be gravely damaged
when one of its womens chastity is violated or when her reputation
is tainted. Consequently, a violation of a womans honour requires
severe action, as Tarrad Fayiz, a Jordanian tribal leader explains:
"A woman is like an olive tree. When its branch catches woodworm,
it has to be chopped off so that society stays clean and pure." What behaviour amounts to a violation of family honour is not precisely
codified. Basically it involves an unsupervised contact of a female
with a male that may be interpreted by society as intimate. Such contact
can be trivial: a 15 year old Jordanian girl was stoned to death by
her brother who spotted her "walking toward a house where young boys
lived alone." As for rape, society perceives the violated woman not
as a victim who needs protection but as someone who debased the family
honour, and relatives will opt to undo the shame by taking her life.
But murder is not the sole remedy for rape or other violations of
a womans chastity. An alternative is marrying the woman off.
The marriage is supposed to be with the person who violated her honour,
although marrying the woman to someone else is an alternative. If
a rapist-victim marriage takes place in Jordan or some other Middle
Eastern states, the criminal investigation is stopped, though the
rapist may still face criminal charges if he divorces his wife within
five years "without a legitimate reason." Social Pressure The murder of women to salvage their familys honour results
in good part from the social and psychological pressure felt by the
killers, as they explain in their confessions. Murderers repeatedly
testify that their immediate social circle, family, clan, village,
or others expected them and encouraged them to commit the murder.
From societys perspective, refraining from killing the woman
debases her relatives. Here are examples: An Egyptian who strangled his unmarried pregnant daughter to death
and then cut her corpse in eight pieces and threw them in the toilet:
"Shame kept following me wherever I went (before the murder.) The
villages people had no mercy on me. I couldnt bear it
and decided to put an end to this shame." A 25 year old Palestinian who hanged his sister with a rope: "I did
not kill her, but rather helped her to commit suicide and to carry
out the death penalty she sentenced herself to. I did it to wash with
her blood the family honour that was violated because of her and in
response to the will of society that would not have had any mercy
on me if I didnt
.Society taught us from childhood that
blood is the only solution to wash the honour." A young Palestinian who murdered his sister who had been sexually
assaulted: "Before the incident, I drank tea and it tasted bitter
because my honour was violated. After the killing I felt much better
I dont wish anybody the mental state I was in. I was under tremendous
mental pressure." Another Palestinian who murdered his sister. "I had to killer her
because I was the oldest (male) member of the family. My only motive
to kill her was (my desire) to get rid of what people were saying.
They were blaming me that I was encouraging her to fornicate
I let her choose the way I would get rid of her: slitting her throat
or poisoning her. She chose poison."
These testimonies are in line with the analysis of Izzat Muhaysin,
a psychiatrist at the Gaza Program for Mental Health, who says that
the culture of the society perceives one who refrains from "washing
shame with blood" as "a coward who is not worthy of living." Murder has its intended social effect, permitting the family to regain
its original social status. The murderer in the fourth case cited
above went on to tell how almost ten thousand people attended his
sisters funeral; once she was dead, society again embraced the
family. Jordans
legal code Some Arab states distinguish legally between honour-murders and other
types of murder. The former are dealt with by a separate clause in
the penal code that allows the murderers to benefit from reduced penalties
or even to avoid punishment altogether. In Jordan, for example, sentences
for honour murders usually range from three months to two years imprisonment.
This light treatment follows from the Jordanian penal code, where
two articles deal with this matter: Article 98: He who commits a crime due to extreme danger caused
by an illegal, and to some extent dangerous act, committed by the
victim benefits from reduced penalty. Article 340: (a) He who discovers his wife, or one of his maharim
(female relatives of such a degree of consanguinity as precludes
marriage), while committing adultery with another man and kills,
wounds or injures one or both of them, is exempt from any penalty;
(b) He who discovers his wife, or one of his sisters or female relatives,
with another in an illegitimate bed, and kills, wounds or injures
(one or both of them) benefits from a reduction of penalty. In most cases, murderers build their defence on Article 98, whose
language is somewhat reminiscent of the Western concept of "temporary
insanity". Indeed Jordanian politicians, like Senator Muhammad Kaylani,
believe it to be so. "If a man finds his wife in bed with someone
else, and he kills her immediately, " Kaylani explained, "then he
should not be punished because he was overwhelmed by his emotions."
Jordanian courts use the notion of temporary insanity very freely,
as can be seen from the following case: A man murdered his sister
because he believed her "immoral" behaviour had led to his own divorce.
The courts transcript says that on October 4, 1999, the defendant
was hiding behind parked cars waiting for his sister. When he saw
her walking in the street with two men, he "became enraged", drew
a gun, and shot her three times in the head. The court based itself
on Article 98 and sentenced him to six months imprisonment because
he committed his crime "in an act of fury." In mid-1999, Jordanian human-rights activists managed to enlist the
Jordanian crown and government to assist its campaign to win tougher
penalties for honour-murderers. Although Jordanian legal history records
only one case in which a murderer was exempt from penalty on the basis
of Article 340, the human rights campaign focuses on this article
because it explicitly condones honour-killings. The governments proposals to abolish or amend Article 340 met
with fierce resistance from the public and its leaders alike. Clearly,
honour murders enjoy the approval of the majority of Jordanian society.
A Jordan Times survey revealed that 62 percent of Jordanians
oppose the amendment of Article 340, mostly out of fear of "moral
corruption in society." To answer this fear and improve the bills
prospects, the government appended to it tougher penalties for adultery.
The Jordanian senate passed these changes but the lower house rejected
them in November 1999. During the lower house sessions, it became clear that on the issue
of honour killings, the Jordanian members of parliament (MPs) share
the sentiments of the public. Most MPs argued that the bill contradicted
the conservative nature of Jordanian society. MP Mahumud al-Kharabsha,
speaking on behalf of thirty-one fellow MPs, warned that the amendment
would harm the Jordanian family and remove the element of deterrence
implied by Article 340. Some politicians even expressed sympathy with
murderers who cannot be expected to control their feelings. "A man,
as a rule, cannot tolerate acts of immorality," explained MP Abd
al-Majid al-Aqtash, "so how can he be expected to tolerate an act
of immorality that is related to him personally?" In an attempt to solve its disagreements with the lower house, the
Jordanian senates constitutional committee came up with the
following proposal: apply the same exemption to women who kill husbands
caught in adultery. Surprisingly, this proposal, which is unlikely
to save women from being killed, won the support of some elements
in the womens rights movement. Nevertheless, it was torpedoed
by the Islamic Movement, which objected to such equality in the "license
to kill." An Islamic politician, Abd al-Baqi Qammu, of the Jordanian
senate, further explained "whether we like it or not, women are not
equal to men in Islam. Adulterous women are much worse than adulterous
men, because women determine the lineage." These statements were a
prelude to the unequivocal endorsement of honour crimes by the Jordanian
Islamic movement. In late January, a second attempt by the government to pass its bill
was again blocked by the lower house after a mere three-minute discussion.
Hence, the fate of Article 340 is to be determined in a joint Senate-lower
house session sometime in the future. However, the joint sessions
held since then altogether ignored Article 340, putting a question
mark on the governments resolve further to deal with this hot
potato. Does Islam endorse
honour killing? What is the Islamic view on honour killing? The states religious
establishment asserts that honour killing is unconnected to the Islamic
religion; in contrast, the Islamic party in the Jordanian parliament
sees honour killing as part of Islams code. The religious establishment in Jordan views honour killing as a remnant
of pre-Islamic Arab tribalism, for Islam prohibits the "taking of
the law into ones own hands." The Jordanian kings advisor
on Islamic affairs, Sheikh Izz ad-Din at-tamimi, stated that
if a woman is proven guilty of adultery, the person entitled to carry
out her punishment is "a specialised employee" designated by the government
for such a purpose. The prohibition on taking the law into ones
own hands does not amount to a moral denunciation of honour crimes;
rather, it is a criticism of the technical transgression of authority.
This notion is conventional in the Arab world; thus Egypts ifta
Council of Al-Azhar University, a leading religious authority of Sunni
Islam, issued a fatwa stating that applying the punishment on a female
caught committing adultery or found in an adulterous situation, "should
be up to the ruler." The Jordanian Islamic Action Front (IAF) disagrees. In the heat of
the Jordanian debate, this parliamentary coalition of several Islamist
groups, most of whom affiliate with the Muslim Brethren, issued a
fatwa that declared honour killings are seen as favourable by Islam;
male relatives should punish their female relatives and not leave
this duty to the state. Ibrahim Zayd al-Kaylani, head of the IAFs
Ifta committee, said that a man who restrains himself from committing
an honour killing, leaving this unpleasant burden to the government,
"negates the values of virility advocated by Islam." Article 340,
Kaylani added, is based on "the Islamic principle that allows a Muslim
to defend his honour, property, and blood." The IAF issued a fatwa
to the effect that "cancelling Article 340 would contradict the Sharia."
Thus the Jordanian Islamic Movement has suddenly declared that honour-killings
are part of Islamic dogma rather than a detestable remnant of tribal
paganism. An Islamic practice? For several reasons, the Islamists view of the relation between
Islam and honour killings is more connected to the reality of religious
influence on the practice of honour murders than that of the religious
establishment. In other words, the influence of Islam on the conduct
of Muslims is not limited to what is written in sacred texts; rather,
it includes cultural perceptions of Islam. First, there is the fact,
noted above, that the Jordanian public and its elected representatives
endorse men punishing their women-folk by a nearly 2:1 margin. Second, if honour killing originated in pre-Islamic Arab tribalism,
it has long since been incorporated into Islamic society and thereby
become common throughout the Muslim world, including India, Pakistan,
Turkey, and the Balkans. In Muslim Kosovo, for instance, thousands
of Muslim women raped by Serbs during the war were abandoned by their
husbands. Third, honour killings fit into a wider pattern of customs that flow
from the texture of Muslim life without specifically being required
by Islam, yet still enjoy the blessing of Muslim authorities. Female
circumcision, now more often known as female genital mutilation, is
another example: common mostly in Muslim African countries, it is
not mentioned in Islams sacred texts and did not originate in
Islam. Yet in those countries, religious authorities associate this
practice with Islam. Fourth, it bears noting that the policy of "not taking the law into
ones own hands," which dominates Islamic authorities circles,
is less than an unequivocal moral and religious prohibition of honour
murder. The refusal of Islam authorities to unambiguously denounce
honour killings signals to the public that this practice does not
necessarily contradict Islam. Fifth, the already ambiguous Islamic objection to honour killings
becomes even less effective when considering the way mainstream Islamic
scholars interpret the Quranic verse (4:34) that legitimates
wife-beating. This verse states: "Men are responsible for women
So
virtuous women obey (their husbands)
Admonish those of them on
whose part you apprehend disobedience, and keep them out of your bed,
and beat them." Various Islamic rulers have contemplated this verse
in an attempt to regulate the beatings. Sheikh Yusuf al-Qaradawi,
dean of Sharia at the University of Qatar and a leader of the
Muslim Brethren, advocates non-painful beating: If the husband senses that feelings of disobedience and rebelliousness
are rising against him in his wife, he should try his best to rectify
her attitude by kind words, gentle persuasion, and reasoning with
her. If this is not helpful, he should sleep apart from her, trying
to awaken her agreeable feminine nature so that serenity may be
restored, and she may respond to him in a harmonious fashion. If
this approach fails, it is permissible for him to beat her lightly
with his hands, avoiding her face and sensitive parts. In no case
should he resort to using a stick or any other instrument that might
cause pain and injury. Other Islamic scholars have come up with their own recommendations
on wife-beating. The Islamic rulings section of the Palestinian Authoritys
daily newspaper forbids stabbing. There is a consensus that the husband
should avoid leaving bruises on his wifes body, and all scholars
agree that wife-beating is the husbands last resort. Still,
it is recommended when a couple finds itself on the verge of divorce:
"It is better for the husband to beat his wife a little, to make her
feel she was wrong, than to destroy the family through divorce." The faith, in short, cannot be confined to the narrow boundaries
of the Quran and other early holy sources. It includes developments
and interpretations that occurred after the sacred texts appeared. The Outside World Although the movement to end honour killings must come from within
Muslim societies, they can be helped by the outside world. The international
community should, first and foremost, establish its stand on the problem.
A United Nations report issued in January 2000 dealing with extra
judicial, summary, or arbitrary executions came close to establishing
honour killings as a violation of basic human rights. The special
rapporteur, Asma Jahangir, condemned honour killings as "practices
affecting the right to life." Her report specifically condemned governments
which maintain exemption and token penalties for honour murderers;
she commended the Jordanian government and crown for their initiative
to amend the Jordanian penal code to conform with international standards. The honour murder phenomenon
has become a social plague in many Muslim societies around the world.
Despite its clear pre-Islamic pagan origins, contemporary Islamic
authorities usually refrain from unequivocally condemning it. Some
important Islamic scholars in Jordan have even gone further by declaring
honour-crimes an Islamic imperative that derives from the "values
of virility advocated by Islam." This unwelcome development does not
come as a surprise when the almost consensual approval of both Muslim
public and leadership is considered. It may be a while before reduced sentences for honour murderers are
abolished from the laws of Arab states. Yet the campaign against Article
340 of the Jordanian penal code has already proved successful in at
least one important aspect: it shattered the silence that shielded
these atrocities. Yotam Feldner is a researcher at the Washington-based Middle East
Media Research Institute. This is an edited version of an article
which first appeared in Middle East Quarterly (December 2000),
all rights reserved. |
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Copyright
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