By Mohamad K. Yusuff
A few weeks ago, ABC
News magazine, Nightline, televised a documentary, originally produced by
the British Broadcasting Corporation (BBC), titled, A Matter of Honor, on
two consecutive nights -- February 15 and 16, 1999. The drama that enfolded on
television during these two one-half hour programs was stunning, incredible, and
heinous. It dealt with a barbaric custom of murdering Muslim women for
immoral activities in rural Pakistan, at the hands of male family members,
including fathers, brothers, and even husbands, to maintain the purity of tribal
honor.
In my view, this
program should have been renamed: "A Matter of Dishonor." Similar
documentaries, with different titles, from other geographic regions including
Jordan and Lebanon, have been produced and shown before -- all with the same
results -- the victims invariably were Muslim women, killed by male relatives to
"restore family honor." It seems that blood -- women’s blood -- is the
price of men’s honor in some parts of the Muslim world.
This article will
briefly discuss issues raised in this documentary, including "consent and
marriage, adultery and false accusation," and the "legality of honor killings,"
on the basis of the Prophetic Tradition and the Sacred Qur’an, the
pre-eminent Book of Laws for all of Islam. Honor killings for female
sexual misconduct (real or imagined) is a practice that is outside my living
experience, and that of millions of Muslims born and bred in the West.
Undoubtedly, this type of gender homicide is an aberrant relic of a feudal
patriarchy that is alien to Islamic teachings and the Muslim way of life.
- Preface to Part I of "A Matter of Honor"
ABC News
introduced Part I of this documentary as follows:
Journalists
should always think twice before embarking on a report critical of
another culture or another religion’s practices. It is simply too easy
to judge, too easy to believe that our ways are better ways. But some
practices are so disturbing -- and in the case of tonight’s broadcast,
so horrific -- that they demand a painful closer look.
Such a practice
found in a number of Muslim countries is called "honor killing," women
murdered when they are suspected of immoral activities. This might
include marrying someone the family disapproves of, being seen with the
wrong person, going out alone at night, or just being the subject of
gossip. Honor is recovered only when the woman dies. . . .
- Preface to Part II of "A Matter of Honor"
Part II of the
documentary was introduced by ABC News as follows:
Since our
broadcast last night, we have received numerous emails and phone calls
from people worried that a report on how brutally women are treated in
parts of the Muslim world may be a criticism of the religion of Islam.
It is not. Nothing in Islam demands the murder of women suspected of
immoral behavior.
But it is true
that countless fundamentalist Muslims, and in some parts of the world
other religious groups as well, believe that the behavior of their women
must be strictly controlled, and they believe even the appearance of a
woman’s misbehavior spells death or else the men in the family will be
dishonored. . . .
The broadcast portrays
a dominant and inelastic patriarchal system, in which male members make
life-and-death decisions on the physical well-being of their women. These Muslim
women are essentially illiterate and are totally subjugated under the pernicious
system of purdah -- seclusion of women from male society and covering
from head to toe when in public. The primary reason given for female homicide
was "alleged sexual misconduct," ranging on the moral continuum, from "suspicion
of adultery" to "rumor of adultery." The program showed that male members of the
Pakistani feudal patriarchy have exclusive prerogative over marriage
arrangements of their daughters, who are helpless and have absolutely no
recourse but to obey the chauvinist dictates of a backward system. This
barbarism over Muslim women by a tyrant patriarchy is a travesty that is outside
the pale of the Islamic model, as taught by the Prophet Muhammad (s.a.a.w).
Asma Jahangir of
Pakistan Human Rights Commission analyzed the women’s dilemma in the program as
follows: "You are seeing these people who are ignorant and who are sick and
it has nothing to do with Islam, except that these people have been allowed to
get away with it by our state machinery. . . . So it is really the state that is
allowing them to do it. It has nothing to do with religion. . . ."
Consent and Marriage
In the program, we met
a father (together with his son) charged with the killing of his daughter and a
man with whom she had allegedly eloped. When questioned about the murders of his
daughter and her "man friend," the father responded: "My daughter ran away
with someone, so we killed them both. When she eloped, she wasn’t my daughter
anymore. I did the right thing. I’m an honorable man. I killed them both. There
is no greater honor anywhere. . . ." This is the "life-and-death hold" that
fathers have over their daughters in this tribal enclave, a practice that
violates all Islamic tenets.
The custom of "arranged
marriages" is an ancient, time-tested system, practiced by all societies and by
all religious traditions from time immemorial. Even in twenty-first century
America today, this practice is alive and well. Islam is not averse to "arranged
marriages" provided that the woman’s consent is safeguarded. Islam views
marriage as a contract for life, and as such, the man and the woman must reach a
mutual understanding as to their compatibility as life partners.
The sacred Qur’an
enjoins: "Marry such women as seem good to you." (4:3) The Prophet
recommended: "When one of you makes a proposal of marriage to a woman, he, if
he can, should look at what attracts him to her." (Abu Dawud) The canonical
hadith texts (al sahihain) of Islam’s two most distinguished
muhaddithin, Imam al Bukhari and Imam Muslim, contain chapters with headings
essentially titled: "To Look at a Woman Before Marriage." According to the
Prophet’s teachings, it is recommended that marriage partners see each other.
The Messenger of Allah directed a companion, Mughira ibn Shu`ba, to go and see
the woman to whom he had proposed marriage because "it was likely to bring about
greater love and concord between them." (Ahmad, Tirmidhi, and al Mishkat al
Masabih)
Muslim jurists are in
general agreement on the principle of approval (istihbab), i.e., looking
at the woman one intends to marry and vice versa. Moreover, the marriage
contract is a mutually agreeable document requiring the consent of both parties
(man and woman). Since the man is allowed to look at the woman, it would seem
fair that the woman has the same right to look at the man before giving her
consent for marriage. This conclusion is based on Islam’s bedrock principle
of equality in rights and obligations, between man and woman.
Thus, according to
tradition, the consent of both the man and the woman is an essential element of
the Muslim marriage procedures. The noble Qur’an clearly lays down that the
two must agree: "Prevent them not from marrying their husbands when they
agree among themselves in a lawful manner." (2:232) Ahmad Shukri, in his
noted work, The Muhammadan Law of Marriage and Divorce, page 43, (on the
authority of `Abd al Qadir, al Nahr, page 218), states: "The time for
seeing her should precede the betrothal. . . . The woman is recommended to have
a look at the man if she wants to marry him, because anything that would please
her with him will please him with her . . . ."
In the Islamic
tradition, when a man agrees to marry a woman, he makes a proposal of marriage
to the parents or guardians. Some jurists contend that the proposal can be made
directly to the woman herself. Once the man makes this proposal, other suitors
are forbidden to propose to the same woman until the first suitor withdraws, or
until his proposal is rejected. (al Bukhari) A woman may also make a proposal of
marriage to a man. (al Bukhari) Generally, it is the man who makes the proposal.
It should be noted that it was the Prophet’s wife Khadija (r.a) who proposed to
him, and not vice versa.
As shown here,
consent is a requirement in Islam’s marriage procedures, a principle that is
completely violated by the ironclad practice of "male-controlled marriages" in
the Pakistani patriarchal system. Much of the evil of Pakistan’s tribal marriage
practices is also compounded by abject ignorance and religious illiteracy, by
both the "so-called mullahs" and the "misinformed lay" masses.
Note on
Purdah
Purdah
was defined earlier in this paper. In my opinion, probably no other individual
in the twentieth century had more to do with the degradation and subjugation of
Muslim women in the Indian subcontinent and elsewhere than Maulana Sayyid Abul
A`la Mawdudi. His work on women, Purdah and the Status of Woman in Islam
(1939), is a pernicious book that has set back the Muslim woman’s cause, to a
time reminiscent of the jahiliyyah (age of ignorance) that predated
Islam. One ironic note is that while the theologians of Saudi Arabia have
praised Mawdudi’s Purdah and have been its main distributor, they have
totally rejected other fine works of the great Maulana. [A detailed analysis and
review of Purdah by the Islamic Study Academy of Maryland is forthcoming
soon.]
Adultery and False
Accusation
The broadcast showed
that women were killed on the "slightest suspicion of adultery" (zina) or
on the "mere rumor of sexual misconduct." The mother-in-law of one woman, who
was killed along with her "alleged" sweetheart cousin, stated that "the
couple was seen alone together and this was enough to tarnish the family’s
honor. They had to be killed. . . . If somebody dishonors us, he should be
killed. No matter how old, even if they are innocent." One Muslim man in
jail for such killing boldly claimed: "We are Muslims. Our Shari`a says if
you see them, kill them. We cannot spare them if we see them. It says so in the
Shari`a and the Qur’an. Even the Mullahs say it. . . ." What abject
ignorance!
Presented here is a
layman’s summary of "adultery and false accusation" -- offenses which are
punishable under the laws of Islam. As a general proposition, it is nearly
impossible to prove a case of adultery under Islamic jurisprudence, simply
because the "four required witnesses" have to testify that they actually
"witnessed" the sexual offense, i.e. copulation. "Suspicion, rumor, or hearsay"
is legally inadmissible.
The Qur’an mandates:
"The adulteress and the adulterer, flog each of them (with) a hundred stripes,
and let not pity for them detain you from obedience to Allah . . . ." (24:2)
The Qur'an also stipulates that the punishment for adultery committed by
"slave-girls" is half that imposed on "freed married women" (4:25). These
two verses were the last revelation in the Qur’an mandating flogging,
and not the practice of stoning to death, for the
offense of zina (Click
here for a related question and answer). An earlier revelation of two
verses (4:15-16), stipulating "house arrest" for women fornicators and
"punishment" for homosexuality, was superceded by the two later
verses noted herein, according to some commentators.
Another punishable
offense is "false accusation of adultery" (al qadhf), essentially
slander. The Qur’an commands: "And those who accuse free women and bring not
four witnesses, flog them (with) eighty stripes and never accept their evidence,
and these are the transgressors -- except those who afterwards repent and act
aright; surely Allah is Forgiving, Merciful" (24:4-5). Thus, false
accusation is a serious offense in Islam.
The Qur’an makes it
clear that "death," either by "stoning" or by any other means as a punishment
for adultery, is unlawful based on divine law. This is in direct contradiction
to death by stoning for illicit sexual conduct, practiced in countries
such as, Saudi Arabia, Iran, Afghanistan, Pakistan, and others.
The Right to Life
Riffat Hassan,
professor of religious studies at the University of Louisville, explained the
women’s plight in the broadcast as follows: "Unfortunately,
most religions of the world developed in
patriarchal cultures, which were male centered, male dominated, and gave men a
sort of sole authority to interpret the texts and assume proprietary rights in
some cases over the lives of women . . . . To these men who are killing their
wives and sisters, their honor is something that is priceless, and the lives of
these women are worth very little. . . . women are replaceable . . . . but honor
is not . . . . but it’s, you know, certainly not reflective of Islamic
teachings."
The fact is that Islam
has laid down universal fundamental rights for humanity, which are to be
observed and respected under all circumstances. For example, human blood is
sacred and may not be spilled without strong justification. It is not
permissible to oppress women, children, old people, the sick or the wounded;
women’s honor and chastity must be respected; the hungry must be fed, the naked
clothed, and the wounded or diseased treated medically. All Muslims within an
Islamic state must recognize these rights.
The first and foremost
basic right in Islam is the right to life. The Sacred Qur’an lays down:
Whoever kills a human being, except as punishment for manslaughter or
corruption on earth, it is as though he had killed all mankind. And whoever
saves a life, it is as though he had saved the lives of all mankind. (5:32)
The Qur’an also makes clear: Do not kill a soul which Allah has made sacred
except through the due process of law. (6:151)
Based on these
injunctions, the calculated murder of Muslim women shown in the broadcast cannot
be justified under any circumstances.
Responsibility of the
Islamic State
The Sacred Qur’an
envisions that the aim and purpose of the Islamic State is to promote in humans
behavior that is innately good, and to suppress actions that are evidently evil.
The demand of Islam is that principles of morality must be observed at all costs
and in all walks of life. Hence, it lays down an unalterable policy that the
state should base its policies on justice, truth, and honesty. It is not
prepared, under any circumstances, to tolerate fraud, falsehood, and injustice
for the sake of political or sectarian expediency. Islam also imposes similar
obligations on the state and the individual to use power and authority in
pursuit of justice, and to regard power as a trust from God to be used
equitably, on account of the fact that man is responsible to God for his
actions.
Conclusion
On the basis of Islamic
practices and regulations noted herein, it is easy to conclude that only a
legally constituted state has the right to adjudicate moral offenses committed
by citizens. At the same time, not even the state can impose capital punishment
for sexual misconduct, since this is strictly prohibited by the sacred law
itself, as documented above. Hence, the barbaric practice of "honor killings"
prevalent in the Indian subcontinent and elsewhere is an atrocity that is wholly
illegal and without scriptural basis. What is more abhorrent and immoral in the
eyes of millions of Muslims today, is the abject failure of the government of
Pakistan to reign in and extirpate this heinous and criminal tradition. We thus
call on Muslims the world over to denounce the gruesome murders of Muslim women
on the mere suspicion of sexual misconduct -- wherever in the world such
injustice takes place.
For, as the sacred
Qur’an commands in this bedrock regulation: You who believe, be upholders of
justice, witnesses to Allah, even it be against yourselves, your parents, or
your kinsmen -- whether he be rich or poor. . . . And if you distort or turn
away from (truth), surely Allah is ever Aware of what you do. (4:135)
Posted March 9, 1999.
This article was printed in the February/March 1999 issue of the Voice of Islam
newsletter. (This newsletter is published by the Islamic Society of the
Washington Area).
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