The most common reason for honour killing is perceived inappropriate sexual relations because most victims of honour killings are suspected of having sexual relationships outside of marriage. The honour killing is not limited to Islamic societies although the ratio of honour killing in these societies is too high. In Pakistan, the lack of education and feudalism are the two main factors considered as a main reason for honour killing and crime. Although the most common reasons to kill in the name of honour in some Islamic communities (such as Jordan and Pakistan) are circumstances related to marriage and divorce, even some women are killed just because they wish to marry someone against the wishes of their family. In rural and tribal communities, marriages for all females are usually arranged by their parents. The victims of rape are also murdered irrespective of the fact that they did not consent to the act. A raped woman is often killed by her male relatives in order to eliminate the stain on the family honour. Muslims who correctly understand their religion would certainly never take another life. Honour killings are in no way, shape or form, condoned by Islam and we cannot find a single text in the Quran that justifies these crimes. Even honour killing is considered a brutal distortion of Islam. In Islamic society, a woman falsely accused of Zina has the Quran as her support, which spells out harsh consequences for those accusers who are unable to support their allegations through four witnesses.
Key words: Honour Killing; Zina; feudalism; Death Penalty.
1. Introduction
The United Nations estimates that thirteen (13) women a day face what is called an "honour killing." However, this is a conservative figure as there are many more incidents that most likely go undetected or are guised as something else, such as suicide. In fact, in some countries, such crimes are increasing every year. For instance, in Pakistan, honour killings have increased by an estimated thirty percent yearly. In its annual report for February 2006, the Human Rights Commission of Pakistan (HRCP) recorded at least five hundred sixty-five (565) cases of honour killings. There is no doubt that honour killings are not only occurring in Islamic communities, but in other communities as well. However, honour killings seem to be most prolific in Islamic communities.
This Article is divided into two sections. The first section examines honour killings in Islamic societies, while the second section investigates the position of honour killings in Sharia law. In the first section, specific attention is paid to whether honour killings are more common in Islamic societies than in other communities, i.e., is this phenomenon particular to Islamic culture? Moreover, the causes of honour-based killings are also analysed. The discussion in the second section of this Article considers the Sharia law in relation to honour killings and asks whether there is any correlation between Islam and honour crimes.
In this Article, we will try to clarify the position of Islam on honour killings by critically analysing scholars' opinions on Sharia law and Quran orders. In order to clarify how Islam fights against honour killings, it is important to discuss in detail how it deals with sexual offences, such as Zina (adultery and fornication). The most common reason for honour killing is perceived inappropriate sexual relations; most victims of honour killings are suspected of having sexual relationships outside of marriage. When punishing those guilty of adultery, Islam provides strict evidential prerequisites; when explaining the requirements for punishing such an act, it is clear that it is very difficult to prove such an accusation without a clear and express confession. This shows how Islam is very careful when applying punishments for such acts. Furthermore, in Islam, a woman falsely accused of Zina has the Quran as her support, which spells out harsh consequences for those accusers who are unable to support their allegations through four witnesses. So, in accordance with these rules, people who suspect their female relatives, even if they don't kill them, should be punished under Islamic law. If such punishments were to be applied, violence against women in all its forms, including killing, may decrease.
2. Honour Killings in Islamic Societies
In spite of the fact that honour killings mostly occur in Islamic societies, it is not limited to these countries. It has been argued that Muslims who correctly understand their religion would certainly never take another life. Honour killings are in no way, shape or form, condoned by Islam; there is not one single text in the Quran that justifies these crimes. Generally, most Muslims reject honour killings as a brutal distortion of Islam. Muslim scholars and clerics have condemned such crimes as a vile and backward distortion of their faith. Shaikh Atiyyah Saqr, the former head of the Al-Azhar University Fatwa Committee states that "Islam strictly prohibits murder and killing without legal justification. The so-called 'honour killing' is based on ignorance and disregard of morals and laws, which cannot be abolished except by disciplinary punishments." In fact, honour killing has been practised for a long time; even before the emergence of Islam, male members in some societies used to bury infant baby girls alive to avoid the possibility that these infants might bring shame on their families in the future. Prior to the arrival of Islam in AD 622, Arabs also occasionally followed this travesty by burying their infant daughters. Once Islam was established, it expressly criticised and prohibited such killings.
Furthermore, there is little evidence of honour crimes occurring in Muslim countries other than Arabic countries, such as Indonesia. This supports the argument that honour killings are always committed on a cultural, rather than a religious, basis. It is argued that the extent of cultures following the "honour ethic" is more "geographical" than "ideological." In other words, honour killing should be linked to some parts in the world rather than to Islam. These places would comprise the Indian subcontinent, the Middle East, Eastern Europe and the Mediterranean regions. Moreover, within these areas, such crimes are committed by non-Muslims; for example, Hindus and Sikhs in India may kill their relative females who marry across caste boundaries.
Furthermore, in the Middle East, honour killings are not only committed by Muslims. For instance, in Yemen, a Jewish father killed his daughter after a rebuke from the rabbi for her extra-marital pregnancy. Similarly in Palestine, Faten Habash was beaten to death with an iron bar, wielded by her Christian father, because she wanted to marry her Muslim boyfriend. Another instance was reported by police in the UK, demonstrating that honour killings are not restricted to Muslims, but also occur in Sikh and Christian families. It is clear from the above examples that honour killings are not limited to Islamic countries; this, however, is not to say that they are not more prevalent in Islamic societies and communities. Even though honour killings occur in Western countries, these types of atrocities seem to be more frequent in Muslim communities. Research shows that honour killings are more commonplace in countries like Pakistan, Turkey, Iraq, Jordan, Palestine, Egypt, and Bangladesh.
It is argued that honour killings occur more frequently in rural and poor areas and in areas where tribal tradition is strong. Justice S. Ali Aslam Jaffri of Pakistan states that "the lack of education and feudalism are the two main factors that are responsible for the crime." So, it is believed that low education plays a significant role in determining who will be more likely to carry out honour killings. However, there are some cases where the perpetrators are educated. Explaining the causes of honour killings in Islamic societies is very difficult since it varies from one country to another and even within a single country. There is wide agreement in some areas in Islamic societies, such as many parts of Pakistan, that honour killings should not be regarded as a crime. It is considered legitimate and appropriate punishment for those who go against commonly perceived honour codes and traditions; the act of killing is considered a religious and social duty.
2.1 Causes of Honour Killings
Many argue that the main cause of honour crimes in general and honour killings in particular is the males' dominance over female family members who are viewed as dependents. It is widely agreed that honour killing is not a problem of morality or of ensuring that women preserve their own personal virtue; rather, it is a problem of domination and power over and hatred towards women who are viewed as nothing more than servants to the family, both physically and symbolically. In fact, the very notion of masculinity in some societies is underpinned by a notion of honour — of an individual man or of a family or community — and this is fundamentally connected with policing female behaviour. Males consider themselves as protectors and guardians over their female relatives in their familial domain, and are expected to control their female relatives against any behaviour that is socially unacceptable.
The concept of inequality, unfortunately, is not held by males only; some females think that their husbands and other male relatives have more rights than they do. There are many reasons behind this thinking, such as economic dependency on men. It has been reported that women share the same traditional conceptions of honour as men and that they approve of honour killings among their relatives. Even mothers, in many cases, have approved the killings of their daughters on the grounds of honour. Moreover, in many honour killings, the women of the family actively participate in killing their own daughters or sisters.
Some of the most common reasons to kill in the name of honour in some Islamic communities (such as Jordan and Pakistan) are circumstances related to marriage and divorce. For example, some women are killed just because they wish to marry someone against the wishes of their family. In rural and tribal communities, marriages for all females are usually arranged by their parents. Also, marrying a chosen person and then seeking a divorce without explicit permission of the family is believed to be a form of disobedience, which means dishonourable behaviour. There are cases where women who have sought divorces through the courts are injured or killed.
Victims of rape are also murdered irrespective of the fact that they did not consent to the act. A raped woman is often killed by her male relatives in order to eliminate the stain on the family honour. Some consider that a woman who has been raped brings shame to her family and community. One of the most important beliefs in most Islamic societies is that family honour is stained if a female does not remain completely chaste before her marriage, as a chaste female represents the essence of honour. Consequently, women are expected to avoid any kind of relationship with men, even platonic ones, as it may raise questions about her chastity. Sometimes there are cases of "mistaken" honour killings based on rumours in which the victims, who were actually innocent of any perceived wrongdoing, were killed, emphasising how honour is socially constructed and material truths of innocence or guilt are irrelevant. In Jordan, for instance, about 90% of honour crimes are committed on the grounds of mere rumour or complete fabrication.
What makes the situation worse is that the perpetrators of such crimes are openly supported by members of their community. Moreover, how police deal with honour crimes in general, and honour killings in particular, may play a significant role in the increase of such crimes. Although honour killings are reported to the police, very few cases are reported as murder cases. In spite of the fact that such crimes are arrestable offences, when they are reported, police do not take such crimes seriously as they are perceived as private family affairs. Frequently, women murdered in the name of "honour" are recorded as having committed suicide or having died in an accident.
3. Honour Killings in Sharia Law
This section discusses Islamic views on chastity, male authority, and adultery, to determine the extent to which Islam is used to support violence against women. One of the main arguments presented in this section is that in spite of the fact that Islam is clear on its prohibition of sexual relationships outside of marriage, several strict criteria must be met in order for a case of adultery and fornication to be brought before a Muslim court. In addition, in some Muslim countries, such as Pakistan, there are tribal council arbitrations. Although these councils are not part of the formal justice system, they have significant control over all manner of disputes arising amongst people living in tribal areas. In rural areas, the federal court system is often completely neglected in favour of tribal council arbitration.
Like most religions, Islam strictly prohibits murder and killing without legal justification. Allah clearly states, "Whoso slayeth a believer of set purpose, his reward is Hell forever." Even in cases of capital punishment, the government is the only party that can apply the law through judicial procedures. No one has the authority to execute the law, other than the officers who are in charge. Islam makes it clear that there is an inherent dignity given by Allah to all human beings, regardless of race, ethnicity, gender or religion. The point also exists that if people begin taking the law into their own hands, this could lead to chaos and disorderliness. Honour killing is a type of murder without trial and is contrary to Islam. Islam upholds the sanctity of human life, as the Holy Quran declares that killing one innocent human being is akin to killing the entire human race. There is certainly no justification for the practice of "honour killing" in Islam or Sharia law.
Under Sharia law, criminal responsibility is governed by three general principles: individual responsibility, presumption of innocence, and nullification of penalty by doubt. Individual responsibility means a person cannot be held responsible for the acts of other people. The presumption of innocence places the burden of proof squarely on the accuser and assures the accused that a conviction can only be achieved through clear and reliable evidence. Nullification of penalty by doubt is specifically applied to hadd crimes, like adultery: when doubt exists with respect to a sexual crime, there must be an acquittal of the accused and nullification of any punishment. Under Islamic law, punishment cannot be exercised unless the crime has been proven in a court of law, and every accused has the right to a fair trial before a judicial body. Sharia law shares the common law principle that it is preferable for a guilty person to go unpunished than for an innocent person to be convicted.
There is no doubt that sexual crimes (adultery and fornication) are forbidden in Islam, but Sharia demands that strict conditions and proof for a suspected case of a sexual crime be brought before an Islamic court. Under Islamic law, crimes relating to sexual behaviour and moral turpitude have a very high burden of proof; four witnesses or a direct confession from the adulterer are required in order to prove such crimes. In fact, there are only two ways for sexual crimes to be proven under Sharia law: voluntary confession and the testimony of four honest witnesses who personally witnessed the act and have substantially similar, if not identical, descriptions of the event and surrounding circumstances. Furthermore, numerous traditions of the Prophet Muhammad indicate that he tried to avoid using even the voluntary confessions of adulterers; only upon the adulterer's persistent repeated confession would he ultimately order punishment.
Furthermore, in Islam, a woman falsely accused of Zina has in her support the Quran, which spells out harsh consequences for those accusers who are unable to support their allegations with four witnesses. Those who fail to produce the required evidence are punished under Islamic law. They are legally responsible for defamation (kadf) and should be punished as such. The Quran clearly states "And those who launch a charge against chaste women, and produce not four witnesses (to support their allegations) — flog them with eighty stripes and reject their evidence ever after." This is to prevent people from falsely accusing anyone of serious crimes. Applying the rules of false accusation may significantly decrease the number of honour crimes, as such crimes are mostly committed on the grounds of mere rumour or complete fabrication.
If a husband believes that his wife is having a sexual relationship with another man, but he has no evidence to prove that, the law calls for Lian (imprecation). Lian is a special form of divorce based on the husband accusing his wife of infidelity. To do this, the husband swears four times that he is telling the truth about his wife's infidelity and the fifth time calls a curse upon himself if he is lying. If the wife does not swear five similar oaths, she is guilty of adultery; whereas, if she swears the oaths, the marriage is effectively dissolved. So, under Sharia law, dissolving a marriage is more acceptable than punishing someone for a crime for which there is no sufficient proof. This is the Islamic solution that should be followed, rather than killing or committing any form of violation.
In summary, it is clear that Islamic law does not condone honour killings. On the contrary, Islamic law criticizes murder without legal justification as well as false accusations of adultery. Also, no one could take the law into his or her own hands as this is against the principles of the criminal justice system of Islam. It is true, however, that the interpretations of related concepts, such as female chastity and male authority, add to a culture of male dominance, particularly when they are combined with "feudalistic" ideas. Muslim feminist scholars have made progress in deconstructing Islamic jurisprudence and uncovering an Islamic foundation for gender equality.
4. Conclusion
Honour killing is an axiomatic social and moral evil, sin and crime as well. The veil of honour killing shall be lifted to eliminate this evil and crime. Gender discrimination, deprivation of the right of self-determination of women regarding marriage, business and work, social relationship, economic dependency, lack of education, social and cultural discouragement, man's domination and power over and hatred towards women, tribal notions or custom, deprivation of inheritance or legacy, and curtailment of women's rights and freedom may be the causes of this delinquency in different societies. The very notion of masculinity in some societies is underpinned by a notion of honour of an individual man or of a family or community, and this is fundamentally connected with policing female behaviour. Unfortunately, the life of a woman, victimised by rape, is also curtailed through murder, irrespective of the fact that she did not consent to the act.
Like most religions, Islam strictly prohibits murder and killing without legal justification. The point also exists that if people begin taking the law into their own hands, this could lead to chaos and disorderliness. The Quranic principle is that "whether open or secret: take not life, which Allah hath made sacred, except by way of justice and law: thus doth He command you that ye may learn wisdom." Honour killing is a crime named murder (Qatal) and extra-judicial killing, and is contrary to Islam. Islam upholds the sanctity of human life, as the Holy Quran declares that killing one innocent human being is akin to killing the entire human race. Islam considers all forms of life as holy. There is certainly no justification for the practice of "honour killing" in Islam or Sharia law.