Many honor killings have taken place but never been disclosed. The scenarios keep recurring. There are women who got legally married to men who don’t belong to their tribes. However, after many years, the family male members claim that they forgive their daughter’s sin.
National Organization for Human Rights
NOHR-S
A Seminar on
“Honor killings“
By
Dr Ammar Qurabi
Chairman of National Organization for Human Rights in Syria
Many honor killings have taken place but never been disclosed. The scenarios keep recurring. There are women who got legally married to men who don’t belong to their tribes. However, after many years, the family male members claim that they forgive their daughter’s sin. They call her to pay them a visit while they are in fact preparing for her death. She is to be killed by a kinsman. The culprit of the honor killing is urged and tempted by members of the family or tribe to commit the crime and assured that he shall not be punished and will be safe. The members of the family or tribe promise him to use all means of authority and power to get him a significant reduction in penalty and, hence, the culprit spends only few months in jail.
A large campaign has been launched with the initiatives of some female and non-female based societies against Honor killings. The incidents of killing have become known to all and they are no longer limited to the house or the area in which the girl is killed after she has been promised to be safe and forgiven.
Regarding the call for the amendment of Article no. 548 of the Penal Code, the state itself helps the citizens to misunderstand the real meaning of honor and chastity as conceptions and values; thus, the state involves in drawing the shape of manners with all their backgrounds. Committing honor crimes is outside the control of laws and away from the relation between the citizen and the state which should be based on the administration of justice though fair laws.
Article no 548 (declared in 1949) of the Syrian Penal Code, which is considered to protect honor, is taken advantage of by the culprits of the honor crimes. The culprits have been enjoying exemption from penalty since then.
It is unfortunate that the Syrian lawmaker falls in the trap of contradiction; he adapts the honor crimes which claim to protect honor while it does not, makes them legitimate, and exempts the culprit from penalty.
Article no.548 of the Syrian panel code states that:
1-He who surprises his spouse or one of his ascendants or descendants or his sister committing adultery or illegitimate sexual acts with another person and he unintentionally kills or injures one or both of them benefits from an exemption of penalty.
2. The perpetrator of the murder or injury shall benefit from a reduction in penalty if he surprises his spouse or one of his ascendants, descendants or sister in a “suspicious” situation with another”.*
* hala muraiba
This article allows for :
· “Al udhr Al muhill”: the culprit of honor crime shall benefit from the exculpating excuse” i.e. he shall be exempted from penalty completely.
· ”Al udhr Al mukhaffaf”: the culprit of honor crime shall benefit from the mitigating excuse”. He shall spend a period of 3-6 months or 3 years maximum
We have some comments on this article of the Syrian Panel Law:
Firstly :
Men are only who gain the advantage of the above statement. The woman who kills her husband or brother or any of her male relatives when her honor or chastity is touched does not have such advantage. This is considered as a clear discrimination against women and a violation of her right to equality with men. One Syrian Lady (a mother of three children) killed her husband when she found him raping her daughter. She received a 12- year hard labor prison sentence and then this period was decreased to 9 years.
The problem is that why discipline is administrated only on men but not women. We, in fact, are facing unfair discrimination against women. We are not calling for not to punish women but we want to clarify that Article no.548 is not sound because if it was so, it would be applied on both men and women equally.
Secondly :
It seems that the Syrian lawmaker responses to his inner evil instinct while deciding that “the perpetrator of the crime shall benefit from the exculpating excuse” if he is provoked into killing to defend the family honor.” If the excuse is only that the culprit is provoked to the extent that he loses his mind, all criminals have such excuse when they commit their crimes. All those who commit rapping crime were overcome by excessive lust. Is it reasonable if all these criminals are acquitted and exempted from punishment? If the answer is NO, so why do we grant the culprit of honor killing with such privilege? Why he is to be exempted from punishment and be beyond fair justice?
Thirdly:
Article No. 548 threatens family sacred bonds and it is a real danger in its way. When one member of the family kills another member under law umbrella, this ruins the future of the family and breaks all its sacred bonds. Instead of playing a positive role in sorting the problem out, law contributes in deepening its roots and widen its horizon. Law abandons its legitimate role which is to organize relations in the society. Law also abandons its essential task as the only authority which has the right to punish criminals and wrongdoers.
Fourthly :
Article no.548 contradicts the core of law and the judicial authority. The judicial authority is the only authority which has the right to punish, pass verdicts and judgments on criminals and wrongdoers. However, it hands this right over to the members of the family. Thus, law and judicial authority are two factors which encourage the members of the family to commit such crimes in lack of strict and fair judgment. Manipulation with the explanation and application of Article no. 548 also encourage the culprit of the honor crime to kill and injure in cold blood.
The Syrian government has to define honor crimes precisely and never to apply such article of law on cases which have nothing to do with honor. There are interpretations of law which are completely different from its core and all what is classified under Honor Crimes is due to these misinterpretations. The Judicial authority which represents the state is to hold responsible; however, the Syrian citizen no longer trusts the state and its ability to reform. He/she no longer trust the capability of law to restore rights.
Syria ranks the fifth in terms of murder in the name of honor. In 2005, 40 honor killings were committed by the male relatives of the victims in different governorates in Syria. There is no doubt that there are a large numbers of honor killings, but they remain hidden. The wide spread of the foundlings “Al luqata’a” is a consequence of this kind of crimes.
Now the door is open for discussion in regard of “Honor killing” .The comment is not to exceed five minute each. The one who comments has the right to reply back:
- Regarding honor and revenge killings, relatives mostly push one of their children to commit murder. By choosing a child, they are taking the advantage of reduced jail sentence prescribed for children and juveniles. In an attempt to prevent recurring of such crimes, I suggest the drawing up of a code according to which the parent of the juvenile /child or the one who incites the child to commit the crime are to be hold responsible and be punished.
- Article no.548 of the Syrian panel code grants the perpetrator of honor killings with the exculpating excuse “Al`udhr Al muhil ” if he surprises his spouse or one of his ascendants or descendants or his sister committing adultery or illegitimate sexual acts with another person and he unintentionally kills or injures one or both of them. The Article also grants the perpetrator with the mitigating excuse ” Al `udhr Al mukhaffaf” if he surprises his spouse or one of his ascendants, descendants or sister in a “suspicious” situation with another and he unintentionally kills or injures one or both.
Article no. 548 aims just at giving excuses to the culprit of honor killings. One of the excuses is that when the culprit finds one of his female family members committing adultery, he loses his mind and suffers from a fit of rage. However, the culprit commits his crime for reasons far away from honor such as taking over the victim’ heritance or disinheriting her under the umbrella of law. The practical application of this article of Panel code shows that the excuses mentioned in the article are not given only to the father or the brother of the victim but also to the victim’s other relatives. This has been proved in all the cases at court and in the judgment rendered. This article of Panel code is not constitutional; it gives individuals the right to punish and not to the state through law. Thus, repealing such article of law is a must especially that it is based on the French law rather than on the Islamic Shari’a.
- Dealing with women as goods for sale owned by the male relatives contributes much to violence against women. In “Honor killings” women who are the real victims are looked at as sinners and the male family members ‘the owner” as victims who suffer losing of their daughter’s virginity and hence deserve sympathy. We received reports on” Honor killings” from many countries including Iraq, Jordan and Turkey. While the culprits often believe that they are right in whatever they have done, the social approval of such crimes is no longer supporting them and this comes as a consequence of the open and frank condemnation and criticism of such crimes.
- According to Amnesty International, a 24 -year -- old Kajal Khadher, was arrested in 1996 by 6 members of her husband family near Rania City in Kurdistan Iraq. She was accused of adultery and was tortured. Though she was pregnant, Kajal’s body was deformed and a part of her nose was ambulated. She was told that she would be killed after she has given birth to her child. After getting health treatment in Rania Hospital, Kajal managed to flee away. She got further treatment and care in Al Suliamania Hospital under the police protection. Then, she disappeared for nearly one year before she got a resort in Al Suliamania. In Feb. 1999,Kajal managed to flee away to Syria with the help of some Human Rights activists. She had been acknowledged as a UNHCR refugee. In June 2000, she was moved to a third country.
Two of the men who tortured Kajal were arrested by the authorities in the area under control of National Kurdistan Union. However they were released within 24 hours under the pretext that they were trying to protect the family good name and they were not charged of doing anything.
Many girls are exposed to assault and murder in different countries of the world. The culprits are mostly male-members of the family on the pretext of protecting the family honor. The victims are accused of bringing shame on their family and of their deviant illicit behavior which may range from just speaking to a male neighbor to having extramarital relationships. Mere imagination of women violating law of sexual conduct destroys the regime of honor. The suspected women are not even given the chance to defend themselves and men are encouraged to remove the stain off their characters.
- Many countries which have endorsed the Convention on the Elimination of All Forms of Discrimination against Women (CEDOW) announced and expressed reservation. They found the convention difficult to be applied locally and expressed its ineffectiveness. Regarding the Middle East and North Africa, most of these reservations are based on Islamic Shari’a or on the fact that the convention is not compatible with the national legislation in force .Anyhow; the reservations which contradict the core and purpose of the convention are unallowable according to article 28(2).
The reservations on Article ( 2 g) : ( National penal provisions which constitute discrimination against women) should make it allowable for the states parties to take or not to take the appropriate measures to adjust their laws which constitute discrimination against women such as :
- the laws which consider extramarital relationship as crimes
- The laws which impose constrains, examples of which are those related to women’s cloths and travel.
- laws which state no enough punishment if violation against women takes place or exempt the culprit of the crime from penalty , example of which are those related to rapping and honor crimes.
The non-adherence to the requirements in Article no. 2 of CEDAW is measured by the interpretations of the amendment or exception at the national level. It could be argued that the states parties which have reservations to Article no. 2 of CEDAW expose their adherence to eliminate all forms of violence against women to be questioned.
- Legislation is considered to be the main source to protect women rights against violation. The Syrian constitution guarantees the right to equality with men in Articles no 25 and 45. Legislation also supports endorsement of many international conventions and treaties such as that of CEDAW (legislative decree No. 330 for the year2002).
Articles no.5, 3, 2 of CEDAW ask for paying respect to the principle of equality and providing the legal protection for Women Rights. The lack of respect for the principle of equality is visibly clear in all the judicial authorities, law itself, and the violations committed by individuals such as adultery and honor killings. Generally, there are no precise statistics on the dissemination of violence phenomena and the number of women subjected to violation. The victims often seek the help of only their families without informing the police to take the appropriate measures. They done so out of fear from the dishonor that may be attached to the name of their families and because there are no laws framed to punish the men who commit the violation. There are no adequate resorts for women subjected to violence and their children except few private resorts.
Aiming at providing legal aid, organizations such as Woman Union, Family Planning Association and the Syrian Corporation for Family Affairs (established in 2003 according to law no.42) organize seminars on violence against women in an attempt to restore women rights, stop violence and study the reasons and results of woman violence. However, nothing changes in the legislation scene. The Syrian woman is still suffering from discrimination and violation of human rights which lie as an obstacle preventing women from enjoying right to equality and essential freedoms.
Violence appears clearly in various legislations which constrain women rights and freedoms. This, by itself, represents a real evidence about the gap between what laws state and the real practice of laws. This is an evidence of women rights violation on one hand and it results in mistrusting of the legal system on the other hand.
In regards to the so called honor killings, they don’t occur much often and they are taken place mostly in the rural areas. Law grants the culprit of honor killing with the exculpating excuse if the killing and injuring are not premeditated, i.e., is due to a fit of rage according to Article no.548 of the panel law. Article no 489 grants the exculpating excuse in murders and injuring incident, especially honor killings. In Articles no. 473,474,475 which revolve around adultery the discrimination in the received punishment by men and women is clear. The punishment of woman is double that of men, though the action and impact of action is the same on both men and women equally. In Article no.508, the culprits of raping crimes are exempted from punishment. Articles no.523 and 524 regarding “means for pregnancy” punish whosoever promotes, sell, possesses, or facilitates using such means. Articles no. 242,192 devote violence against women and reduce men punishment with the excuses that the crime takes places in an attempt to defend the family name and due to fit of furious rage.
All forces in the civil society with all its sectors including the political, cultural, social and religious activities agree that the law which protects honor killing is a stigma on the face of the society; it encourages all forms of violence against women including killing. It goes against teachings of all religions textually and spiritually. It contradicts the social development and the humanitarian values in our country.
The reactions of the Syrian people against the so-called “honor killings“are evidence of the Syrian refusal of such shameful discrimination. This refusal along with other social activities supports the campaign against “honor killings”. It appeals for the amendment of the mentioned law and for arriving to a text which ensure gender equality in regard to punishment for adultery and treachery. It also claims for deriving men of the privilege of killing women and getting reduced prison sentences for this in its role encourages the culprit to commit his crime. As it goes saying “He whom you know his blood money, kill him in cold blood.’ We ought not to forget that article no. 548 is against all women regardless of their social or political status. It destroys all familial and spiritual values which ought to be based on love, mercy and not on fear and fright.
- The articles of the panel code which grants excuses for the culprit of the Honor killing are several (not one as been said):
1- Article no. 548 of the Panel code:
This article states that:
1. He who surprises his spouse or one of his ascendants or descendants or his sister committing adultery or illegitimate sexual acts with another person and he unintentionally kills or injures one or both of them benefits from an exemption of penalty.
2. The perpetrator of the murder or injury shall benefit from a reduction in penalty if he surprises his spouse or one of his ascendants, descendants or sister in a “suspicious” situation with another.*
*hala muraiba
The first point in this article gives men the due exculpating excuse for killing and injuring a female family member found committing adultery or having extramarital sexual relationships with another man. This excuse is only given to men .The excuse is justified by the fact that men in such situation lose their mind and commit their crime in a fit of rage. They don’t commit their crimes in a premeditated effort. However, discrimination is unexcused here since the treachery scene weights heavily on both of men and women: both of them got psychologically affected and equally insulted. This article needs to be amended. The excuse which exempts the culprit from penalty (the exculpating excuse) should be repealed and the excuse which grants the culprit with a reduction in penalty (the mitigating excuse) should be given to both men and women.
The second point in this article grants the culprit with a reduction in penalty if he catches his wife or a female family member in a suspicious state with another man. The phrase “a suspicious state with another man” can not be measured or specified; it differs from person to person. It gives men the opportunity to take revenge on women and get rid of her under many excuses. To get a reduced penalty in the “suspicious state” is not justifiable. The phrase “suspicious state” should be removed.
2- Article no. 192 of the panel code:
The motive in the name of honor mentioned in this article:
If it becomes clear to the judge that the motive is in the name of honor, the judge imposes the following penalties:
· Life sentence instead of death penalty.
· Life sentence or a 15 –year sentence in stead of provisional penal servitude ( hard labour)
· Light sentence or detention with penal servitude (hard labor).
This Article does not specify what “the motive in the name of honor” is ?.This gives men the right to kill or harm women on the pretext of honor.
Such Article should be amended and not to be applicable on cases of Honor Crimes, otherwise it would encourage men to practice violence against women in the family.
Provocation into blind rage stated in Article no. 242 of the penal law:
the so-called crimes committed in the name of passions:
Article no.242 states that “He who commits a crime in a state of great anger resulting from a wrongful and dangerous act on the part of the victim shall be liable to a lesser penalty”.
This Article gives the culprit the mitigating excuse and hence a reduction in penalty when he commits his crime while he is in a fit of rage. The crime is considered as an offence instead of a felony; the penalty is significantly reduced. The reason of the penalty being reduced is that the culprit commits his crime unpremeditatedly. He fails to control himself as he is provoked into rage by the victim who first acts wrongly and unjustly towards him. Article no.242 is used to get reduced penalty in crimes committed on pretext of defending honor. Such Article should be amended and not to be applicable on Honor Crimes, otherwise it would encourage men to practice violence against women in the family.
- In honor crimes you mentioned in “killing and injuring crimes” review stated by Article No 458, the culprit of the crimes is awarded with the exemption or reduction of penalty. It is clear from the text of Article No. 548 that victims are women and the culprits are men. Excuses are expanded to be given not only to father or brother but to the rest of the victim’s relatives (uncles and cousins). If a woman kills or injure for the same reason “honor”; she is not exempted from punishment or got a reduced penalty. We hope that the lawmakers will repeal this Article of the panel law, stop shedding women’s blood, prevent rewarding the culprit instead of punishing him, and apply the rules pertaining to the punishment of adultery crimes. It is worth mentioning that Article no. 548 also deals with the girls under 18 .This in itself is something strange since in law and legislation viewpoint, a girl under the legal age, doesn’t have full will and determination. However, Article no. 548 and the social rules deal with her as an adult. It allows shedding her blood on the pretext that she acts willingly with full willpower. Regarding murdering the juveniles under 15, Article No 534 states that culprit who commits premeditated murder is to serve a life sentence with penal servitude (hard labour). The reason behind such sentence is to protect the juveniles for they are innocent and unable to protect themselves.
In regards to inciting the juveniles to commit a suicide, the inciter shall receive the penalty of incitement to murder or being involved in murder. This is because the inciter is regarded as the main culprit of the murder since the juvenile is too young to realize the consequence of committing a suicide. We find that in this case the Syrian lawmaker intends to provide security for women and juveniles. However, he does not provide such security in cases of children battering and women killing in the name of honor. In all seminars and workshops which shed light on status of Syrian women, we often start off with the slogan of “women is half of society, she is the main educator of the whole generations”. We have no doubt that the traditional role women play should be duly appreciated. However, in this seminar we prefer to start our talking with a more important principle, that is, “After all women are human beings. They have rights to enjoy and duties, imposed by local and international laws, to perform
- Honor crimes are the most aggressive form of violence against women. What add insult to injury is, that deliberated crimes are committed in the name of laws and justified by articles of the laws. According to these articles of the panel law, the criminal is awarded with the exculpating excuse or the mitigating excuse “in worse cases”. Article no. 548 is an example of such case. This article states that
1-He who surprises his spouse or one of his ascendants or descendants or his sister committing adultery or illegitimate sexual acts with another person and he unintentionally kills or injures one or both of them benefits from an exemption of penalty.
2. The perpetrator of the murder or injury shall benefit from a reduction in penalty if he surprises his spouse or one of his ascendants, descendants or sister in a “suspicious” situation with another.*
This article is full of contradictories:
- Honor represents all human great values and crime stands for barbarousness and deterioration in humanity and dignity to the level of animality. The Syrian lawmaker contradictorily connects between honor and crime with all what they represent and stand for. He awards the perpetrator of the honor killing by granting the excuses which exempted him from punishment as if the blood he shed worth nothing for it belongs to a woman and as if the soul has no sanctity; Allah says ” If any one slew a person unless it be for murder or for spreading mischief in the earth it would be as if he slew the whole people: and if any one saved a life, it would be as if he saved the life of the whole people”. Al Maida “The Table Spread”/32.
- The Woman is not exempted from punishment if she kills in the same conditions mentioned in Article no 548 as if she has no honor as men have. If the case is so then who limits honor and defending of honor only to men?
- The penal code uses the word “spouse” which applies to both men and women. However, in the actual practice the word “spouse” applies only to women. In the Arabic version of the Article no. 548, the relative pronoun “ــــــه” is applied on both the masculine and the feminine.
- The panel law justifies killing and injuring as they take place in defending of honor. It indicates that in honor killing men go through a fit of rage to the extant that they can’t control themselves and simply kill. But men may kill for other reasons such as “to put hand over the victim’s inheritance or battering to death) and justify what they have done in the name of honor under the umbrella of law.
It is well established that manners and values are highly appreciated in our society. However, these manners and values should be driven from religions which value and dignify a human being and hold his sole, possessions and honor sacred. Religions guide human beings to the right bath by keeping away from grave sins like adultery but never give the right to hold others accounted.
Article no.548 contradicts with the spirit and principles of Islamic Shari’a in the following points:
- In Islamic Shari’a, accusing others with committing adultery and trying to prove it is not an easy task. Islam stipulates strict conditions the most important of which is that the plaintiff should bring four witnesses.
- While Islamic Shari’a punishes the adulterer or adulteress with lashing, the culprit of the honor killing is the judge and the opponent at the same time. He sends to death his sister, mother and wife and then carries out the punishment setting his mind at rest that Law is with him
- A Judge is the one responsible for passing the verdict. Thus, if adultery is proved to be taken place, the judge is the one who is to announce the judgment, neither the father nor the brother or any other kinsmen; otherwise we would go backward in history where individuals are left to restore their rights with hands.
- Article no. 548 does not conform to constitution which states that it is the state which carries out the punishment and not the individuals. The amendment of such article becomes a must since the French version from which this article had been derived changed. Thus, there will be no justifications any longer for sticking to this article.
- IN practice, the mitigating excuse which allows the culprit to got a significantly reduction in penalty is given not only to father or brother but even to cousins and other relatives. This is clear in lawsuits at court and verdicts passed.
Al what mentioned above is related to the women legal rights as per the institutions and bylaws. There is a clear discrimination between men and women legally and practically.Yet, this does not the only obstacle on the way of women to enjoys all their legal rights. There are more serious obstacles other than legislations deficiency which stand as challenges in front of women such as how much the woman is aware of her legal rights, legal privileges granted by some legal provisions, and gender discriminations in legal contexts.
- Solving the problem of murdering women in society does not relate directly to laws amendment. It relates to the need to change the society system of manners and values as a whole, and to update the cultural, social and religious historically accumulated heritage. When addressing the problem of the so-called” Honor killing”, we have not to address it in relation to the social, political, cultural, or moral factors. Murdering women appears as a shallow result of deep – rooted reasons and reflects disarrangement and disorder in the culture and values system of the society. Consequently, what we are facing is a social complicated overlapping phenomenon in which all what is personal, cultural, religious, ethnic, social, and legal, individual rights and civil freedoms interact. We are all against killing in general and women killing in particular no matter what the reasons are. To address the problem of “Honor killings”, we are in need of a precise comprehensive objective analysis for all the contexts of the killing processes in an attempt to abolish such killings socially. Kindly please allow me to say that society has first to redefine honor as a social value related to men and women; then to specify the mechanism of social defense for it. The concepts of honor, treachery , the permitted “El Halal”, the prohibited “El Haram” are absolute social concepts which go in one direction ( from masculinity to Feminine),i.e., what is accepted in the masculine culture is not accepted in the feminine culture . But, they should go in both directions: what is accepted in the masculine culture should be also accepted in the feminine, though I don’t like having such two different cultures. Concepts should express themselves relatively among individuals. Taboo should be generalized or abolished for both sexes (male and female).
- Honor crimes reflect the overlapping of the family, over passed by time, with the civil society, destroyed by the state. The family is not able to survive and play its old role but there is no opportunity to dispense with it. This is because of the authorities’ barbarous behavior and conduct against the community and its abandon of responsibility. As a result, the family remains the umbrella under which citizens find security in their confrontation with the barbarous and uncivil authorities. Girls are the victims of the idea of not to adhere to the family traditions. Family is the victim of the desire to remain under the umbrella of the familial community. Between girls and their family stands the authority to be fully responsible of the crime of oppressing and restraining any attempt to change or modernize in society. The authorities impose a corrupted feudal system and purposely lay waste whatever is civilized and urban. They fail to provide real guarantees for citizens or solve their problems because they are the main reason for such problems and they themselves prevent freedom of speaking these problems out.
- In the olden times there was a beautiful lady living in a village. Her husband traveled much. This lady started to feel bored. She decided to go for a walk. She reached a river in the other side of which there was a park. There were young men playing sports in the park. One of these young men waved his hand to attract her attention. She decided to cross the river. “If I come to you, are going to return me back?” She asked the young man. She paid the only 10 dollars she possessed to the Ferryman. She spent hours with the young man. When she wanted to go back she asked him for the 10 dollars he had promised to give her. He refused and threw her away like an empty packet of cigarette. “Could you please take me to the other side of the river and I will pay you tomorrow?” she asked the ferryman. “No. you have to pay beforehand” replied the ferryman. She tried to beg the money from the people around but no one help her except one who suggested that she could cross the bridge to go to the other side of the river. When she reached to the bridge, she found a young mad man holding a pistol. At the beginning she was afraid but went on as she had no other choice. Eventually, she was shot to death by the mad young man.
The questions which pops up here is that “Who is responsible?”
Is it the husband who left her alone and deprives her of the emotions and passions she needs?
Is it the young man with whom she was having sex and who left her prone to danger though the amount of money required to cross the river was not that much?
Is it the ferryman who understands only what is substantial?
Is it the mad young man who shot her dead?
Is it the society which left a mad man wondering in the streets with a pistol in hand?
Or is it the lady herself?
I think that the motive to kill in honor killing is related to the man’s feeling of his existence, though I don’t accept it. Why women only are to be hold accounted and trailed, if ever happen, not men as well?? . If married women get an extramarital relationship, the husband and the brother conspire to kill her and get rid of the shame brought on the good name of the family. Isn’t it a shame if the same women get seriously sick and her brother never visits her because people may say that he is looking for her inheritance and jewelry? She means nothing for him. I think getting rid of the shame brought on the family by killing women takes place because of the fear of the consequences: who will take care of the baby and adapt it??, the husband or the lover who often wash his hands of the whole matter? All in all, it is because of the fear of the judgment of society.
In our society there are many extramarital relationships. Only when these relationships are disclosed, we could see the crime and the scandal. If they are not disclosed, then nothing happens and every thing kept secret. This means that society is always stronger than the individual. We rarely find a person who says “Every one should be responsible for his behaviors”.
For me the killing motives spring up from the fact that our system of values is only restricted to whatever it is instinctual or sexual. If the brother or the husband ever has a variable value system, if he is able to obtain self-confidence from his deeds and friendly relationships and able to feel his existence through the interaction with society and the attempt to take part in setting it up, he would not kill his wife .I’m not trying to find justifications; he could divorce his wife but to kill her ……?!
- I’ll narrate a real story happened to me while I was abroad. I went back once with my friend to his home. When we went into the house, we found his wife with another person. He got extremely angry. Nevertheless, he got into the kitchen and drank a cup of water. “As for our children, we will meet at court “he told his wife. He went out of the house and never come back again. To tell you the truth, he asked himself many questions before he uttered his words. Could this possibly happen in our communities without shedding blood, I wonder. The matter is related to the sexual education of men and women and the relation between them which should be built on understanding in all matters including that of the sexual relationship. If the educated men and women do not feel in harmony sexually, they could get a part rather than cheating each other or lying. As for the woman, she should be keen of her own conducts and behaviors; and should practice freedom as she like. How come that a women at the age of 40 who loses the hope to get married will remain without a partner all of her life?! Who will be responsible of her since she is not financially independent? She only has family that means the general system of society. She has to bear its pressure and constrains and enjoys its advantages.
I view the culprit of honor crime as completely guilty and that he should got the reduced penalty only if he commits his crime unpremeditatedly. He who kills with the motive of stealing, got a 30-year sentence while he who kills his sister in the name of honor spends only few weeks in jail. Consequently, we are in our way towards mortality of the mankind; the culprit should get the same punishment prescribed for other criminals. Why in the mixed marriage or the marriage of the abducted girl, the wife is to be killed? The matter is not related to individuals but rather to all the society with all its sects and divisions, majority and minority. The sect whose population exceeds 100000 intends to protect itself lest it mingles and loses identity or is controlled by the majority in the country. Therefore, we find that death is the end of whosoever thinks to leave the sect or go against its ethnic beliefs. The sect has to behave in this way; otherwise it will lose its identity and will dissolute. The important question is that why the sect is so afraid? Isn’t it because the intellectual terrorism discards and rejects this minority while this minority should get its rights? As we said, in democracy the majority is to govern and not the sect with the greatest population where the rights of the minority kept unviolate whatever the conditions and circumstances are.
The question which pops up here is “who will protect the girl family from society? What is needed is a social uprising and frank expression of opinions. You know why? Because the matter concerns the entire citizens from different sects, tribes and geographical areas. They all mingle and melt away together. They are all related with one pond with the sate to get their rights and do their duties without obligation or reminder of the favor. Isn’t it so strange that an individual of our country (like kurds or Al Bodon in Kuwait) got the nationality in Canada and couldn’t get it in the country where he has lived for decades? Shouldn’t we judge the matter in such a way before looking into laws? If the sect attempts to join the society and got the advantage of being part of it, there will be no fear accumulated through history which is represented in ethnic cleansing of whosoever is different from us.
I have mentioned “Globalization” because the phenomenon is not only Syrian. In France the number of mixed marriage, marriage between two people from different races or religions such as (a muslin and a Christian or vice versa, a Negro and a blond girl of European origin or vice versa, a French and a German or vise versa) is increasing. At the same time we find individuals belong to the same communities who go against this kind of marriage. France voted with “NO” to the European Union. The French people are afraid of the cultural and economical liberalism and that they may lose their cultural identity. The inclination to self-sufficiency increases when countries feel that globalization is risky and of no use. Look at Tunisia which affectively joined globalization. I’m about to dare you to find even one case of honor killing or killing because of mixed marriage in Tunisia.
I consider honor killing as a social deterioration and loss of national identity. The society loses its self-confidence and efficiency or ability to change. Honor killing is a denial of women rights and rights of ethnic minorities. It is a step backward to tribal affiliation and self sufficiency when the developmental projects failed in our country.
Let’s take Lebanon and Iraq as examples. If there was no mixed marriage, Lebanon would deteriorate and fall down. Notice that religious men of all sects are those who were against this kind of marriage in the 1990s because they are like soldiers: the number of the accepted persons decreases in case this marriage is approved.
- Honor killing or outside-family- marriage killings considered to be criminal acts without taking any justification or excuses into consideration; hence, it is legally and humanitarianly condemned. Up to my knowledge, there is no legislative provision in any religion which states that death penalty is for whosoever marries outside his family. Politically speaking, the hardest penalty is that the member of the sect is no longer affiliated to the religion and got dismissed out of it. The backward social beliefs protect such helpless habits; It is time that we have come over these beliefs and raise awareness in the socially backward areas. Therefore, the culprit of honor crimes should be prosecuted as a premeditated murder without accepting any justifications or excuses. This kind of crime is responsible for society disintegration and ethnic conflict. By fighting such uprooting thinking we proceed towards an integrated society. On the other hand, authorities should sign the bills in favor of social integration into laws and allow for civil marriage as a step towards consolidation of national unity away from mere slogan.
- The UN Charter and the Syrian constitution lay emphasis on the strong belief in the basic human rights, human dignity, and gender equality. You may notice that the International declaration of human rights stresses on the principle of unallowability of discrimination; it also declares that all people born equal, have equal rights and dignity, have the right to enjoy all the rights and freedoms indicated in the International Declaration without any kinds of discrimination including that of gender. States parties which endorsed the two International conventions on Human rights should insure men and women equality to enjoy all the economic, social, civil and political rights. Honor killing is considered as a discrimination against women and a violation of the principle of equality in rights and human dignity. It is an obstacle in the way of women participations along with men in the political, social, economical, and cultural life. It slows down society and family progress and development; it increases the difficulty of developing women capabilities to serve her country and humanity. Achieving gender equality requires great changes in the traditional roles assigned to both men and women.
Article no.6 of the Declaration on the Elimination of Discrimination against Women, adopted and disseminate publicly pursuant to General Assembly resolution of the United Nations -2263 (د-22) المؤرخ في 7 تشرين الثاني/نوفمبر 1967 2263 (XXII) on November 7, 1967 states that :
1- 1.Without prejudice to the safeguarding of the unity and the harmony of the family, which remains the basic unit of any society, all appropriate measures, particularly legislative measures, shall be taken to ensure to women, married or unmarried, equal rights with men in the field of civil law, and in particular:
(a) The right to acquire, administrate, enjoy, dispose of and inherit property, including property acquired during marriage;
(b) The right to equality in legal capacity and the exercise thereof;
(c) The same rights as men with regard to the law on the movement of persons.
2. All appropriate measures shall be taken to ensure the principle of equality of status of the husband and wife, and in particular:
(a) Women shall have the same right as men to free choice of a spouse and to enter into marriage only with their free and full consent;
This is what the international legitimacy proclaimed and approved while we are still discussing the criminality of honor killings which have no honor.
Additionally, Article no.16 of the Convention on the Elimination of All Forms of Discrimination against Women adopted by the United Nations General Assembly on 18 December 1979 states that:
1- States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women:
(a) The same right to enter into marriage;
(b) The same right freely to choose a spouse and to enter into marriage only with their free and full consent;
I think the solution is by doing the following:
1- Asking for the Syrian endorsement of the Convention on the Elimination of All Forms of Discrimination against Women or for the removal of the reservations on the endorsed one; and strengthening the principle that international conventions are of high position in the National legislations and constitutions including the full gender equality.
2- Emphasizing the respect of personal freedom, and the intellectual, religious and political affiliation in the Syrian society.
- The call for repealing Article no. 548 is a common mistake. It has nothing to do with the honorable motive for killing. It only states that “He who surprises his spouse or one of his ascendants or descendants or his sister committing adultery or illegitimate sexual acts with another person and he unintentionally kills or injures one or both of them benefits from an exemption of penalty”. Article no. 192 of the panel law is the article on which judges depend to provide a reduction in penalty in such cases. It states that ” If the judge establishes that the motive [for the crime] was honorable, he will apply the following penalties: in place of the death penalty, life imprisonment; in place of hard labour for life, life imprisonment or for 15 years….”
However, there is nothing in this article which defines what honor is. What defines the honorable motive for killing” here is the interpretative judgments which constrain it to the crimes which violate” Al ardh” without taking into consideration any other behaviors that may be more related to honor and manners
Sine 1953 up to date, all the interpretative judgments “Al Iqtihadat” have come to limit the honorable motivation in honor killings to cases involving committing adultery or illegitimate sexual acts with another person which bring dishonor to the family , no more, no less …. Some other interpretative judgments intend to relate the honorable motive to the feelings that honor is touched either by words or behavior and this differs according to people, environment and culture.
If matters are judged according to the interpretative judgments “Al Iqtihadat”, we will go backward to old customs and traditions. However, Law is above tradition. Since we have law, we should obey accordingly. Law could not be tailored to fit any groups or cults and tribes, otherwise we will go backward to ” law of Jangle’
- Generally, Islam finds no excuse for killing any one except if this one is a fighter who starts aggression. Allah says “Fight in the cause of Allah those who fight you, but do not transgress limits; for Allah loveth not transgressors”. We don’t have the right to carry out punishment ourselves since it is Allah’s business who assigns this task to legislative authorities and not to the average people. This is condemned in all religions and legislations.
For nearly 1428 years, Islamic history has witnessed only two accidents where an adulterer and an adulteress received punishment. They themselves confessed their sins and insisted to be punished though the Prophet Mohammed (Peace be upon him tried to reject their confessions. Islam stipulates four conditions in the availability of which the adulterer and adulteress are punished; there should be four eyewitnesses who have seen adultery with their own eyes. Once upon time, a man came to the Prophet Mohammed (Peace be upon him) and told him that he had seen a strange man in bed with his wife. The Prophet asked him to bring four eyewitnesses or otherwise he would receive Al Qathif punishment.
I wander how the culprit of honor crime gives himself the right to represent God and punishes others himself. Honor killing is a crime whose culprit deserves the due punishment because he commits a heinous crime since he sheds the sacred blood of innocent people illegally. There should be strict punishments for the culprits of honor crime to warn and prevent whosoever thinks to commit such awful crime and mortal sin. The mitigating excuses which the law awards the culprit of honor crime with encourage people to not to adhere to Islamic Shari’a and to kill the innocent souls illegally with cold blood.
- There is no official statistics about honor crimes committed in Syria. However, there are some research studies which indicate that Syria ranks the fifth internationally and the fourth in the Arabic world in terms of murder in the name of honor. We could not speak of exact statistics because the families of the victims never speak out about these crimes. Why don’t we think to open this file with Members of the Parliament to amend Article no. 548 for it is the most articles which grant “the mitigating excuse” in honor crimes? Why don’t we ask for sending the culprit to the court to be trialed like any other criminal with out granting any excuses?
Conclusion and recommendations:
The issue of violence is an issue which concerns all society with all its sectors and institutions. Women should turn violence against them into a public issue since it is a methodological and behavioral violence concerning the society as a whole. Direct amendment of articles of law is not the only thing needed to tackle out the problem of violence against women and to stop crimes committed in the name of honor, disgrace removal, rebellion and disobedience or on any other pretexts or excuses. We need the amendment of all the system of values and manners of the whole society and the amendment of the accumulated cultural, social, and religious heritage in order to transfer the society from backwardness to modernism in all walks of life.
If we conducted a questioner to know the people’s ideational, cultural and religious opinions in regard to honor crimes and shame eradication, we would find that the majority of the citizens are against such crimes and against killing whatever the excuses and reasons are. However, we find that honor killings continue to take place in our Arab societies. Laws are still playing a negative role by reducing the penalty on the pretext that these crimes are committed in a fit of uncontrolled rage.
We have to study the core of the problem, to trace its roots and working hard to sort it out. Such crimes relate to society, morals, politics, religions, and cultures. Therefore, they are related to the mechanism of the overall collective thinking; they reflect a negative social image. We are facing a problem of the whole society suffering from ideational, intellectual, cultural, religious and social disorder and confusion in which the general and personal are overlapping.
If we want to address the problem seriously, we have, first, to define what honor is in the general, personal, religious, intellectual, political and national contexts. In the social context, it is an absolute right of men only and related to how to protect the female sex organs. The honor for men is not related to their own behavior and conducts but to that of their wives, daughters, sisters and mothers. The immoral and unchaste man is virtuous as long as his wife does not betray him with another. The hypocritical man is honest and upright as long as his daughter protect and keeps her virginity untouched; the thief is honest and upright as long as his daughters or female family members are kept in the cage . This view of honor is a cynical view: it limits honor only to the women body ignoring all other sublime meanings of honor. Does honor only limited to women virginity and nothing more?! Where do Sincerity, honesty and trust locate in the scale of honor?
Since the male is economically stronger, through history, than the female, he imposes on women the meaning of honor that fits with his own benefits. Thus, honor becomes only confined in woman’s virginity. In male-dominated culture imposes the concept that the man is the owner of the bodies of his female family members. If the honor of the female family members is touched, this means that the honor of the whole family is touched. Those who is holding this view are, in fact, holding the slogan that men can do whatever they like since there is no evidence appear if they commit adultery, while in case of women, the lost virginity is the main proof for her sin of adultery. This way of thinking which gives men the freedom to do whatever they like and imposes social restrains on women, keep women away from adultery not out of fear of Allah but out of the fear in case act of adultery is disclosed; The feeling that Allah is always there is lost . This encourages some women to do whatever they like without fear as long as they manage to keep things secret.
The so called “honor crimes is divided into two parts:
1) Adultery crime:
A female family member is often killed if one of her male family member doubts that she may commit adultery. In Islamic Shari’a, (Qura’an and Sunna),the adulterer and adulteress are proved guilty if the two following conditions are met :
First, the adulterer and adulteress confess that they commit adultery. They should be asked to reconsider their confession four times by the judge to be sure the crime is fully committed and that both of them realize how wrong their behavior is. Secondly, four good honest upright eyewitnesses who do their religious duties regularly and never indulged in abominable or forbidden deeds should, at one space and time, witness that they have seen action of adultery fully and as clear as the movement of the “kohl stick in the “kohl Jar” . If they are only three, they shall receive “Al Qathif” penalty (the penalty of defaming the good character of others). If the four witnesses bear witness and then one withdraws, they also shall receive Al “Qathif” Penalty. Allah says “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: for such men are wicked transgressors” Al Nūr, or Light/4. The Prophet Mohammed “Peace be upon him” says: keep Penalties away of Muslims as much as you can. If they have a way out, release them. It is better for the Imam “the Judge” to commit a mistake in granting penalty exemption than in imposing it.
The Judge is to impose the adultery penalty on the adulterer and the adulteress, that is, 100 lashes for the unmarried adulterer or adulteress and stoning to death for the married ones. We should lay emphasis on the word “the judge” in our Islamic Shari’a; it is the judge who imposes the punishment and no one has the right to play the judge role. Even if the man and women commit adultery, the woman’s husband or father or brother doesn’t have the right to administrate judgment. It is a responsibility assigned to the legitimate judge only. Islam does not assign the enforcement of law to any one; otherwise, the society will be in chaos. Allah says (Nor takes life -- which Allah has made sacred -- except for just cause. And if anyone is slain wrongfully, we have given his heir authority (to demand qisas or to forgive): so let him not exceed the just limits in slaying; surely he is aided.) Al Isra’a (Banī Isrā-īl, or the Children of Israel) /33
The law of Equality “qisas” is a responsibility assigned to the authority in the country. Allah says ” In the Law of Equality “qisas” there is (saving of) Life to you, o ye men of understanding; that ye may restrain yourselves.” Al Baqara /179.
The case is different in marriage. The husband who doubts his wife’s conducts and hence accuses her of committing adultery has to resort to “al mula’ana”, i.e. cursing. In Al Mula’ana the husband who launches a charge against his wife, and has (in support) no evidence but his own, his solitary evidence (can be received) if he bears witness four times (with an oath) by Allah that he is solemnly telling the truth; and the fifth (oath) (should be) that he solemnly invokes the curse of Allah on himself if is telling a lie. But it would avert the punishment from the wife if she bears witness four times (with an oath) by Allah that (her husband) is telling a lie; and the fifth (oath) should be that she solemnly invokes the wrath of Allah on herself if (her accuser) is telling the truth.
Scholar agrees that pregnancy is not an evidence of committing adultery. Pregnancy could take place compulsorily or under anesthesia. Thus, the pregnant does not receive punishment unless she confesses of her sin of adultery. It is crystal clear that murder in the name of honor is just shedding of innocent blood; it is often on the basis of family’s doubts, which often prove to be untrue. In many incidents the forensic medicine after autopsy shows up that the girl is still virgin. Honor killing is illegal killing and contradicts with our understanding of Islamic Shari’a's goals which hold the human soul sacred and condemn shedding the blood of any Muslim unjustly. Allah entrusts men and women with the freedom to choose their own way; they are free either to follow the righteous path of Allah or do whatever they like, eventually they all will be called to account. Allah never differentiates between men and women; both of them are to be called to account. Both men and women will be punished if they err or make mistakes; both are rewarded for good deeds.
The culprit of honor killing commits his crime under the social pressure. Our societies limit the concept of honor to the lower part of the woman’s body. He is pushed to commit his crime because of the rumor and gossips spread about his female family member’s bad conduct. However, do those who spread the rumor or speak badly about the woman know that they are committing a grieve sin? In this case Allah imposes a punishment similar to that of adultery itself. The punishment of defaming the good character of women/men, what we call it “Al Qathif” , is to be flogged with 80 stripes while that of adultery is 100. The prophet ( Peace be upon him) tries to join between defaming other good character “Al Qathif” and adultery when he said “I assure entering the paradise ” Al Jannah ” for whosoever ensure me that he safeguards his tongue and the organs located in between his legs ( the sex organs). What the prophet means is that whosoever prevents his tongue from accuses upright Muslims with illicit deeds and whosoever prevents himself from committing adultery, sure he shall enter the paradise. The prophet Mohammed teaches us not to disclose what has been done in secret. When one of his companions came to him with one of the adulterer in hand, he said ” Don’t you cover him with your clothes?!”. He also said “Overlook what entails punishment; but, in cases which I come to know about, punishment should be carried out.” Regarding the husband, it is better to divorce his wife if he doubts her conducts but not to kill her.
If we think seriously about Honor killings we will realize that the killer and the killed woman are victims of social traditions. First and foremost, women should be taught how to protect their virginity in obedience and fear of Allah’s punishment. Men should get rid of the social pressure of limiting honor to the women’s bodies. We have to learn from what Al Khalifa Omar did when he ordered a man, whose daughter committed adultery, to marry his daughter off to a man exactly like when a virgin got married though she committed adultery. He told this man “if you tell the one who has come to marry your daughter that she had committed adultery, you shall receive “Al Qathif” penalty.”
Islam teaches us not to disclose adultery if it takes place or point out the adulterer and the adulteress. It teaches us to give the adulterer and the adulteress the opportunity to repent as long as he or she never states their adultery openly so that 4 eyewitnesses see all the action of intercourse. Nothing of what insult or touch the good name of others is in accordance with the Islamic teachings. It is important to differentiate between what is jurisprudential, legislative or man-made and what is divine or legitimate in regards to laws and rulings because they are often overlapped by people at many levels. It appears that what is divine is no more than man-made used just to justify and give reason for reservations and inherited traditions.
2- Honor killing also comes as a reaction to the mixed marriage. A man is free to marry a woman outside his family or tribe, while the woman isn’t and her marriage should follow the norms of the tribe. Touching the woman’s body means touching the holiness, sanctity and honor of the family and nothing will save the name of the family except shedding her blood under the umbrella of Law or with the help of the mitigating causes provided by law.
I hope that we consider honor killing as any other crimes without taking any mitigating causes into consideration; it is a serious crime and is condemned legally and humanitarianly. Up to my knowledge, there is no legislative text in any religion which prescribes death penalty for mixed marriage. The hardest penalty which the one who marries from out side his family or tribe may receive is to be out of the religion, what is called “Al Harm”. The social backwardness protects this helpless tradition of honor killing which should be overcome with seriousness and through raising the awareness in the socially backward areas. The killer in honor crimes should be punished as a premeditated murderer. This kind of crime is responsible for society disintegration and ethnic conflict. By fighting such uprooting thinking, we shall move toward an integrated society relating all sects, tribes and parties with one bond. I think that adopting the laws and legislations which support the society integration such as that of civil Marriage shall be a good stride towards enhancement of national union without any differentiation between sects, ideologies, creeds, doctrines and religions. A civil marriage is a marriage between two people that is officialized by the Government. A religious marriage is a marriage that is ‘officialized’ by a religion. It is usually conducted by an Imam, Priest or other religious figures, depending on one’s faith. Civil Marriage could measure the success and eligibility of marriage as a social institution whereas religious marriage limits the freedom of choice to a spouse of the same religion. In my viewpoint, there should be no compulsion in religion; no one has the rights to oblige others to be good believers and there is no gain for any religion in including people who are not fully convinced or are obliged to embrace it. Allah says “There is no obligation in religion” and He also says” One is free to be a believer or a disbeliever in Allah”. One is free to choose the civil or the religious marriage but the most important thing is the rights protection for both the husband and the wife whatever their religions or ideologies are. The protection of rights and the social equality and fair are not limited to any religion in particular; it is for all.
We can infer that as long as men are decision makers in the society not only socially, but economically, culturally, legislatively, honor killings will remain in the society and women will remain the victims. On this basis, the woman should be an important part of the society: there should be gender equality between men and women in rights and duties as well without any kind of discrimination. Honor killing should be looked at as a humanitarian case related to human rights. This kind of crime should be uprooted and its culprit and perpetrator should be punished as it is the case in any crime for it sheds the blood of innocent people. We should face this discriminative view against women which gets its way to many cultures. Religious men, and those who have interest in human rights, women rights and children and family rights should be in the lead.
Our duty today is to highlight the holy texts which ensure equal degree of humanity and dignity for both men and women without any discrimination. All laws which imply discrimination against women and girls including that which don’t distinguish between men and women regarding adultery and sexual relationships should be studied and amended. Every article of laws which grant the killer of his female family member for extramarital relationship or who commits a crime in a fit of rage the mitigating excuse should be repealed without any discrimination .
We should also call for the governmental support for women rights to equality in the general and private aspects of life including their rights to not to be mistreated or abused through mass media. The concepts of treachery, the permissible “Al halal” and the impermissible “Al haram” are considered to be absolute values and what is accepted in the masculine culture is not accepted in the feminine culture. What is requested is that what is accepted in the masculine culture should be accepted in the feminine culture, though I dislike to make a distinction between the two cultures. The aforementioned concepts should express themselves relatively and the social system is to either be generalized or abolished for, men and women equally.
Dr Ammar Qurabi
President of National Organization for Human Rights in Syria
National Organization for Human Rights- Mob- 00963933348666-Fax-00963115327066-
National.Organization @ gmail.com qurabi@ gmail.com
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