Related Research Articles
The Hudud Ordinances are laws in Pakistan enacted in 1979 as part of the Islamization of Pakistan by Muhammad Zia-ul-Haq, the sixth president of Pakistan. It replaced parts of the British-era Pakistan Penal Code, adding new criminal offences of adultery and fornication, and new punishments of whipping, amputation, and stoning to death. After much controversy and criticism parts of the law were extensively revised in 2006 by the Women's Protection Bill.
Zināʾ (زِنَاء) or zinā is an Islamic legal term referring to unlawful sexual intercourse. According to traditional jurisprudence, zina can include adultery, fornication, prostitution, rape, sodomy, incest, and bestiality. Zina must be proved by testimony of four Muslim eyewitnesses to the actual act of penetration, confession repeated four times and not retracted later. The offenders must have acted of their own free will. Rapists could be prosecuted under different legal categories which used normal evidentiary rules. Making an accusation of zina without presenting the required eyewitnesses is called qadhf (القذف), which is itself a hudud offense.
A jirga is an assembly of leaders that makes decisions by consensus according to Pashtunwali, the Pashtun social code. It is conducted in order to settle disputes among the Pashtuns, but also by members of other ethnic groups who are influenced by them in present-day Afghanistan and Pakistan.
Hudud is an Arabic word meaning "borders, boundaries, limits". In the religion of Islam, it refers to punishments that under Islamic law (sharīʿah) are mandated and fixed by God as per Islam. These punishments were applied in pre-modern Islam, and their use in some modern states has been a source of controversy.
Forced marriage is a marriage in which one or more of the parties is married without their consent or against their will. A marriage can also become a forced marriage even if both parties enter with full consent if one or both are later forced to stay in the marriage against their will.
Vani is a Hindu/Sanskrit Indian feminine given name, which comes from the name of the Goddess Saraswati. The name means 'eloquent in words
The concept of rape, both as an abduction and in the sexual sense, makes its appearance in early religious texts.
Qisas or Qiṣāṣ is an Islamic term interpreted to mean "retaliation in kind", "eye for an eye", or retributive justice.
An honor killing, honour killing, or shame killing is the murder of an individual, either an outsider or a member of a family, by someone seeking to protect what they see as the dignity and honor of themselves or their family when they think that the individual has violated their or their family's reputation. Honor killings are often connected to religion, caste, other forms of hierarchical social stratification, or sexuality. Most often, it involves the murder of a woman or girl by male family members, due to the perpetrators' belief that the victim has brought dishonor or shame upon the family name, reputation or prestige. Honor killings are believed to have originated from tribal customs. They are prevalent in various parts of the world, especially in MENA countries, the Philippines, and the Indian subcontinent especially in India, Pakistan and Nepal, as well as in immigrant communities in countries which do not otherwise have societal norms that encourage honor killings. Honor killings are often associated with rural and tribal areas, but they occur in urban areas as well.
Xeer is the traditional legal system of Somalia, Somaliland, Djibouti, Somali Region, and the North Eastern Province in Kenya. It is one of the three systems from which formal Somali law draws its inspiration, the others being civil law and Islamic law. It is believed to pre-date Islam. However, Islam influenced it, with Xeer incorporating some Islamic faith elements. Under this system, the elders, known as the xeer begti, serve as mediator judges and help settle court cases, taking precedent and custom into account. Xeer is polycentric in that different groups within Somali society have different interpretations of xeer since Somalis weren’t united under one flag.
Honour killings in Pakistan are known locally as karo-kari. According to the Human Rights Commission of Pakistan, over 470 cases of honour killings were reported in Pakistan in 2021. But human rights defenders estimate that around 1,000 women are killed in the name of honour every year. An honour killing is the homicide of a member of a family or social group by other members, due to the belief the victim has brought dishonour upon the family or community. The death of the victim is viewed as a way to restore the reputation and honour of the family.
Afghanistan is one of the source, transit, and destination country for men, women, and children who are subjected to trafficking in persons, specifically forced labor and forced prostitution. Trafficking within Afghanistan is more prevalent than transnational trafficking, and the majority of victims are children. In 2005 the Afghan Independent Human Rights Commission (AIHRC) reported 150 child trafficking cases to other states. Afghan boys and girls are trafficked within the country and into Iran, Pakistan and India as well as Persian gulf Arab states, where they live as slaves and are forced to prostitution and forced labor in brick kilns, carpet-making factories, and domestic service. In some cases the boys and girls were used for organ trafficking. Forced begging is a growing problem in Afghanistan; Mafia groups organize professional begging rings. Afghan boys are subjected to forced prostitution and forced labor in the drug smuggling industry in Pakistan and Iran. Afghan women and girls are subjected to forced prostitution, arranged and forced marriages—including those in which husbands force their wives into prostitution—and involuntary domestic servitude in Pakistan and Iran, and possibly India. Non-governmental organizations (NGOs) report that over the past year, increasing numbers of boys were trafficked internally. Some families knowingly sell their children for forced prostitution, including for bacha bazi - a practice combining sexual slavery and child prostitution, through which wealthy men use harems of young boys for social and sexual entertainment. Other families send their children with brokers to gain employment. Many of these children end up in forced labor, particularly in Pakistani carpet factories. NGOs indicate that families sometimes make cost-benefit analyses regarding how much debt they can incur based on their tradable family members.
According to UNICEF, child marriage is the "formal marriage or informal union before age 18", and it affects more girls than boys. In Afghanistan, up to 57% of girls are married before they are 19. The most common ages for girls to get married are 15 and 16. Factors such as gender dynamics, family structure, cultural, political, and economic perceptions/ideologies all play a role in determining if a girl is married at a young age.
Punishment for rape in Pakistan under the Pakistani laws is either death penalty or imprisonment of between ten and twenty-five years. For cases related to gang rape, the punishment is either death penalty or life imprisonment. DNA test and other scientific evidence are used in prosecuting rape cases in Pakistan.
Rape is a major issue in Afghanistan. A number of human rights organizations have criticized the country's rape laws and their enforcement.
Violence against women in Pakistan, particularly intimate partner violence and sexual violence, is a major public health problem and a violation of women's human rights in Pakistan. Women in Pakistan mainly encounter violence by being forced into marriage, through workplace sexual harassment, domestic violence and by honour killings.
The legal system in the United Arab Emirates is based on civil law, and Sharia law in the personal status matters of Muslims and blood money compensation. Personal status matters of non-Muslims are based on civil law. The UAE constitution established a federal court system and allows all emirates to establish local courts systems. The emirates of Abu Dhabi, Dubai and Ras Al Khaimah have local court systems, while other emirates follow the federal court system. Some financial free trade zones in Abu Dhabi and Dubai have their own legal and court systems based on English common law; local businesses in both emirates are allowed to opt-in to the jurisdiction of common law courts for business contracts.
Tabassum Adnan is a Pakistani women's rights activist from the Swat Valley. She won the U.S. State Department's 2015 International Women of Courage Award for her efforts in seeking justice for Pakistani women.
In Islam, human sexuality is governed by Islamic law, also known as Sharia. Accordingly, sexual violation is regarded as a violation of moral and divine law. Islam divides claims of sexual violation into 'divine rights' and 'interpersonal rights' : the former requiring divine punishment and the latter belonging to the more flexible human realm.
A marry-your-rapist law, marry-the-rapist law, or rape-marriage law is a rule of rape law in a jurisdiction under which a man who commits rape, sexual assault, statutory rape, abduction or other similar act is exonerated if he marries his female victim, or in some jurisdictions at least offers to marry her. The "marry-your-rapist" law is a legal way for the accused to avoid prosecution or punishment.
References
- 1 2 3 "Afghanistan: Stop Women Being Given as Compensation". Human Rights Watch. March 8, 2011. Retrieved 2017-05-26.
- ↑ Alissa Rubin, ed. (February 16, 2012). "For Punishment of Elder's Misdeeds, Afghan Girl Pays the Price". The New York Times.
- 1 2 3 4 "Afghan Girls Suffer for Sins of Male Relatives". Wahida Paykan. Institute for War and Peace Reporting. 26 March 2009. Retrieved 2017-05-26.
- ↑ United Nations Office of Drugs and Crime (2009), Justice for Children in Conflict with the Law Archived 2016-03-05 at the Wayback Machine , pp. 50, 358-361