Part 1 of this article addressed the death of 25-year-old Farzana Parveen on May 27th who was murdered by her family in an honour killing due to marrying a man against their wishes. Secular political and media circles used the incident to launch yet another attack on Islam and the Shariah laws, accusing them of causing, fuelling and providing justification for such ‘honour killings’. Part 2 of this article seeks to counter some of these prevalent secular claims.
CLAIM 1: “Islam’s View on Male Guardianship Creates a Patriarchal Society that is to Blame for Honour Killings”
It is claimed that the Islamic law that gives men guardianship over their wives and families creates patriarchal societies where men are given a superior status to women and therefore believe that they have the authority to treat and punish them as they desire, especially if they act against their wishes. Additionally, secularists equate this Shariah ruling to men having ownership and absolute control over the actions of women which may also fuel honour killings.
This belief stems from viewing the Islamic rules through the lenses of Western history. Within Western societies, the convention of placing men as head of the family was historically associated with notions of male superiority. It was combined with laws that made women possessions of their fathers or husbands and under their absolute control. Girls had little choice in whom to marry and upon marriage they had no legal status and became extensions of their husbands who gained ownership of their property and wealth. In addition, they had little right to initiate divorce, and under this social structure of male superiority, were often mistreated by their husbands or male relatives with no judicial consequences.
In contrast, Islam does not equate male guardianship with hierarchy in status of the genders but simply as a responsibility that is placed upon the man of protecting and financially providing for his family. Men and women are viewed as the same in their worth and intellect as human beings, as well as having the same standing in the Eyes of the Creator. Allah سبحانه وتعالى says,
وَٱللَّهُ جَعَلَ لَكُم مِّنۡ أَنفُسِكُمۡ أَزۡوَٲجً۬ا
“And Allah has made for you mates of your own nature”
(An-Nahl: 72)
And the Prophet صلى الله عليه وسلم said,
«إنما النساء شقائق الرجال ما أكرمهن إلا كريم وما أهانهن إلا لئيم»
“Women are the twin Halves of men. None but a noble man treats women in an honorable manner, and none but an ignorant treats women disgracefully.”
It is absurd therefore to accuse an Islamic ruling that in origin seeks to build a mentality within men of protecting the rights of their women and guarding them from harm, with causing attacks against their wellbeing. Moreover, a man is restricted by the Shariah in how he can treat his wife, daughter or other female relatives, including how he can punish them for any violations of his rights or non-adherence to the limits of Islam. These restrictions include the prohibition of violence or causing any harm, for on the authority of Abu Sa’eed Sa’ad bin Sinaan al-Khudree (ra), the Messenger صلى الله عليه وسلم said,
«لا ضرر ولا ضرار»
“There should be neither harming [darar] nor reciprocating harm [diraar].”
Furthermore, Islam does not view women as possessions of their men for they belong to none but Allah سبحانه وتعالى. Nor does it prescribe men absolute control over their wives or women-folk. Rather it gives men certain rights over their women such as to seek their consent in marriage or permission before leaving the home. Similarly, it gives women certain rights over their men such as to be clothed, fed, housed and provided for in all matters with kindness. So, male guardianship does not equate to male authority over women in all affairs. For example, in Islam, although a woman is obliged to seek consent from her father or guardian for marriage, she is also granted choice in whom to marry and cannot be forced into it.
عن أبي هريرة رضي الله عنه أن رسول الله صلى الله عليه وسلم قال: لا تنكح الأيم حتى تستأمر، ولا تنكح البكر حتى تستأذن. قالوا: يا رسول الله، فكيف إذنها قال: أن تسكت
It was narrated from Abu Hurayrah (ra) that the Prophet صلى الله عليه وسلم said, “No previously-married woman should be married off without being consulted, and no virgin should be married off without asking her permission.” They said, “O Messenger of Allaah, what is her permission?” He said, “If she remains silent.” It was also narrated that Khansa bint Khizam al-Ansariya (ra) was married off by her father without her permission and she did not like that. So she went to the Prophet صلى الله عليه وسلم to complain regarding it and he صلى الله عليه وسلم annulled the marriage.
Additionally, Islam gives the woman the right to initiate divorce.
جَاءَتِ امْرَأَةُ ثَابِتِ بْنِ قَيْسِ إِلَى النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَقَالَتْ يَا رَسُولَ اللهِ مَا أَنْقِمُ عَلَى ثَابِتٍ فِي دِينٍ وَلَا خُلُقٍ إِلَّا أَنِّي أَخَافُ الْكُفْرَ فَقَالَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ «فَتَرُدِّينَ عَلَيْهِ حَدِيقَتَهُ» فَقَالَتْ نَعَمْ فَرَدَّتْ عَلَيْهِ وَأَمَرَهُ فَفَارَقَهَا
It was narrated that the wife of Thabit ibn Qais came to the Prophet صلى الله عليه وسلم and said, “O Messenger of Allah, I am not angry with Thabit for his temper or his religion, but I fear something may happen to me contrary to Islam on which account I wish to be separated from him.” The Messenger صلى الله عليه وسلم asked, “Will you give Thabit back the garden which he gave you as your settlement?” She replied “Yes”. Then the Prophet صلى الله عليه وسلم said to Thabit, “Take your garden and divorce her at once”.
Islam also accords the woman full legal status as an adult – whether married or not – including the ability to take husbands or relatives to court for mistreatment or failure to provide her rights. One of these rights is the ability to manage her own financial affairs, make contracts independently, and have full ownership of her own property, wealth, and inheritance to use as she wishes without interference from husbands or other family members. Male guardianship in Islam therefore, clearly does not equate to male ownership or absolute control over women, nor does it give men the authority to harm or mistreat their women-folk or rob them of their rights.
«أيها الناس، فإن لكم على نسائكم حقاً ولهن عليكم حقاً، لكم عليهن… واستوصوا بالنساء خيرا، فإنهن عندكم عوان لا يملكن لأنفسهن شيئا، وإنكم إنما أخذتموهن بأمانة الله» من خطبة الوداع ..
The Prophet صلى الله عليه وسلم said, “O people, it is true that you have certain rights in regard to your women, but they also have rights over you… Do treat your women well and be kind to them, for they are your partners and committed helpers.”
CLAIM 2: “Islam’s View of Honour, Modesty, and Chastity Fuels Such Crimes”
The Shariah’s strict regulation of the interaction between the genders, including its prohibition of extramarital relationships, and its unique view towards preserving the honour, modesty, dress-code and chastity of men and women has also been blamed for motivating some to perform these attacks as well as providing acceptance of them in the eyes of others.
However, Islam has a specific view towards honour. Allah سبحانه وتعالى says,
إِنَّ أَڪۡرَمَكُمۡ عِندَ ٱللَّهِ أَتۡقَٮٰكُمۡۚ
“Verily, the most honourable of you with Allah is the one who has At-Taqwa (the pious)”
(Al-Hujurat: 13)
Therefore in Islam, honour is gained through God-consciousness and adherence to the Laws of Allah سبحانه وتعالى, while dishonour is conferred upon a Muslim through disobedience to His سبحانه وتعالى’s Commands. Those Commands include Islam’s prescription of defined modest dress-codes for the genders, its prohibition of socialising of unrelated men and women, its condemnation of immodest and lewd behaviour, and the rejection of any intimate relationship outside of marriage. These rules which are part of Islam’s unique social system reflect the great importance Islam places on modesty, chastity, and protecting the honour of individuals, and as Muslims we should make no apology for celebrating, promoting, and adhering to these laws. Firstly, because they are the Laws of our Creator and abidance by them raises our status in His سبحانه وتعالى’s Eyes. But secondly, because these Islamic Shariah rulings ensure the protection of women’s dignity, pure and healthy interaction of the genders, and strong family units. This is in contrast to Western liberal personal and sexual freedoms that have sown disrespect for women, broken apart the family structure, ruined the lives of children, and caused epidemics of sexually transmitted diseases and sexual crimes,.
However, to blame these Shariah laws for fuelling honour killings is utterly false for Islam considers it ‘dishonourable’ to cause harm or take a life for any cause not sanctioned by Islam. Allah سبحانه وتعالى says,
مَن قَتَلَ نَفۡسَۢا بِغَيۡرِ نَفۡسٍ أَوۡ فَسَادٍ۬ فِى ٱلۡأَرۡضِ فَڪَأَنَّمَا قَتَلَ ٱلنَّاسَ جَمِيعً۬ا
“He who killed a person not in retaliation of murder, or (and) to spread disorder in the land – it would be as if he killed all mankind.”
(Al-Maidah: 32)
Islam also regards it ‘dishonourable’ and forbidden to engage in suspicion, slander, or spreading of rumours against chaste women and girls that blackens their reputation and character. Allah سبحانه وتعالى says,
يَـٰٓأَيُّہَا ٱلَّذِينَ ءَامَنُواْ ٱجۡتَنِبُواْ كَثِيرً۬ا مِّنَ ٱلظَّنِّ إِنَّ بَعۡضَ ٱلظَّنِّ إِثۡمٌ۬ۖ وَلَا تَجَسَّسُواْ وَلَا يَغۡتَب بَّعۡضُكُم بَعۡضًاۚ
“O you who believe! Avoid much suspicion, Indeed some suspicions are sins. And spy not, neither backbite one another.”
(Al-Hujurat: 12)
إِنَّ ٱلَّذِينَ يَرۡمُونَ ٱلۡمُحۡصَنَـٰتِ ٱلۡغَـٰفِلَـٰتِ ٱلۡمُؤۡمِنَـٰتِ لُعِنُواْ فِى ٱلدُّنۡيَا وَٱلۡأَخِرَةِ وَلَهُمۡ عَذَابٌ عَظِيمٌ۬
“Verily, those who accuse chaste women, who never even think of anything touching their chastity and are good believers — are cursed in this life and in the Hereafter, and for them will be a great torment”
(An-Nur: 23)
Furthermore, Allah سبحانه وتعالى strongly rebuked the Muslims who believed in the lies of the hypocrites against Aisha (ra), the wife of the Prophet صلى الله عليه وسلم, who accused her of engaging in an inappropriate relationship with Safwan bin Mu’attal (ra).
لَّوۡلَآ إِذۡ سَمِعۡتُمُوهُ ظَنَّ ٱلۡمُؤۡمِنُونَ وَٱلۡمُؤۡمِنَـٰتُ بِأَنفُسِہِمۡ خَيۡرً۬ا وَقَالُواْ هَـٰذَآ إِفۡكٌ۬ مُّبِينٌ۬ لَّوۡلَا جَآءُو عَلَيۡهِ بِأَرۡبَعَةِ شُہَدَآءَۚ فَإِذۡ لَمۡ يَأۡتُواْ بِٱلشُّہَدَآءِ فَأُوْلَـٰٓٮِٕكَ عِندَ ٱللَّهِ هُمُ ٱلۡكَـٰذِبُونَ
“Why then, did not the believers, men and women, when you heard it (the slander), think good of their own people and say: “This (charge) is an obvious lie?”. Why did they not produce four witnesses? Since they (the slanderers) have not produced witnesses! Then with Allah they are the liars.”
(An-Nur: 12-13)
So, if Islam views honour as adherence to its commands then how can it possibly be blamed for individuals taking a life in a manner not accepted by its laws? And if Islam considers a single word against the honour of a chaste woman as a grave crime deserving of the severe punishment of lashing, then how can it be accused of causing or sanctioning her killing on mere suspicions?
CLAIM 3: “Islam’s Punishment for Zina (Adultery) Provides Justification for these Attacks”
The Shariah’s punishment for proven adultery of stoning to death has been accused of disproportionately targeting women and has been blamed for providing justification for honour killings.
However, in truth this harsh Islamic penalty for extramarital relationships is applied to men and women without distinction (as can be seen in the hadith narrated by Abu Hurairah below). The penalty is a reflection of the seriousness by which Islam takes safeguarding the family unit and the rights of children, which consequently protects society. This is in contrast to Western liberal societies where adultery is not even a crime; rather businesses are permitted to sell it as a product!
Additionally, this Islamic punishment is only executed upon those who are married, and only for the actual act of intercourse and not for anything less. Alongside this, the burden of proof for issuing this sentence is extremely high. It requires confession from the offender, or the testimony of four witnesses who have witnessed the actual act of intercourse. Therefore the killing of individuals upon the basis of anything less than this is a transgression against Islam.
Furthermore, the implementation of such a harsh punishment in Islam is not taken lightly. Islam’s approach in applying the hudood (punishments) is that it is better to let the guilty go free than to punish the innocent. Indeed, the Prophet صلى الله عليه وسلم actions demonstrate the utmost care in ensuring that it is not executed upon the innocent or in violation of the Islamic requirements of proof.
عن أبي هريرة رضي الله عنه أنه قال: ((أتى رجل من المسلمين رسول الله صلى الله عليه وسلم وهو في المسجد – فناداه يا رسول الله، إني زنيت، فأعرض عنه . فتنحى تلقاء وجهه فقال : يا رسول الله، إني زنيت، فأعرض عنه، حتى ثنى ذلك عليه أربع مرات .فلما شهد على نفسه أربع شهادات : دعاه رسول الله ، فقال : أبِكَ جنون ؟ قال : لا . قال : فهل أحصنت؟ قال : نعم . فقال رسول الله صلى الله عليه وسلم : اذهبوا به فارجموه))
Abu Huraira (ra) reported that a person from amongst the Muslims came to Allah’s Messenger صلى الله عليه وسلم while he was in the mosque. He called him saying, ‘Allah’s Messenger. I have committed adultery’. He صلى الله عليه وسلم turned away from him. The man came round facing him and said to him صلى الله عليه وسلم, ‘Allah’s Messenger, I have committed adultery’. He صلى الله عليه وسلم turned away until he did that four times, and as he testified four times against his own self Allah’s Messenger صلى الله عليه وسلم called him and said: “Are you mad?” He said, ‘No’. He صلى الله عليه وسلم said: “Are you married?” He said: ‘Yes’. Thereupon Allah’s Messenger صلى الله عليه وسلم said, “Take him and stone him”.
حدثني محمد بن بشار حدثنا ابن أبي عدي عن هشام بن حسان حدثنا عكرمة عن ابن عباس : ((أن هلال بن أمية قذف امرأته عند النبي صلى الله عليه وسلم بشريك ابن سحماء فقال النبي صلى الله عليه وسلم «البينة أو حد في ظهرك»، فقال يا رسول الله إذا رأى أحدنا على امرأته رجلا ينطلق يلتمس البينة، فجعل النبي صلى الله عليه وسلم يقول «البينة أو حد في ظهرك»)).
In another example, it was narrated that Hilal ibn Umayya (ra) saw his wife committing adultery with Shurayk ibn Samha and informed the Prophet صلى الله عليه وسلم of this. The Prophet صلى الله عليه وسلم said to him, “Bring your proof or fear the lash upon your back”. Hilal replied to him صلى الله عليه وسلم “O Messenger of Allah! If any of us saw a man on top of his wife, would he go looking for witnesses?” The Prophet صلى الله عليه وسلم responded again, “Bring your proof or fear the lash upon your back”.
It is in response to this incident that the Qur’anic verse on ‘Lian’ (oath of condemnation) in Surah An-Nur, verses 6-9 was revealed. This required any man who brought a claim without four witnesses that his wife had committed fornication, to take an oath four times that he is speaking the truth, and on the fifth time to invoke the Curse of Allah سبحانه وتعالى upon himself if he is telling a lie against her. If he refuses to do this then he faces the harsh punishment for defamation. To prove her innocence, his wife is required to take a similar oath four times against her husband that he is lying, and on the fifth time to invoke the Curse of Allah سبحانه وتعالى upon herself if he speaks the truth. If she does this, then the punishment of stoning is averted from her and the couple’s marriage is terminated. It is only if she refuses to take the oaths that the hudood is applied upon her. This process re-enforces the just and cautious Islamic approach by which even a husband who actually witnesses his wife committing adultery is required by Shariah to deal with the situation. So how is it possible to accuse the Islamic hudood of justifying honour killings?
In addition to all these points, Islam does not accept vigilantism in applying its punishments. Rather they are only to be implemented after due process through the courts and under the framework of the Islamic Khilafah system.
روى الإمام البيهقي بإسناده: ((عن أبي الزناد عن أبيه عن الفقهاء الذين يُنْتَهى إلى قولهم من أهل المدينة كانوا يقولون لا ينبغي لأحدٍ أن يقيم شيئاً من الحدود دون السلطان))
The Prophet صلى الله عليه وسلم said in a hadith narrated by Imam Bayhaqi (ra) in his Sunan that, “Nobody has the right vested in him to establish anything from the Hudood without the Sultan (authority of the state)”.
CLAIM 4: “The Shariah law on ‘Diyat’ (Blood-money) Offered to Family Members of Victims of Murder Allows Perpetrators to Get Away with their Crime”
Some have blamed Islam’s law on Diyaat implemented in specific Muslim countries such as Pakistan for enabling perpetrators of honour killings to get off scot-free from their crime. This Shariah provision, described in Surah Al-Baqara verses 178-9, gives family members of victims of murder the option of accepting financial compensation from those who killed their loved ones rather than the state implementing the death sentence upon the perpetrator.
The ‘Qisas and Diyat Ordinance’ of 1979 was introduced in Pakistan by General Zia ul Haqq in a process of ‘cosmetic’ piecemeal Islamisation of some of the country’s laws. However, what is evident in Pakistan, Saudi Arabic, Iran, and other Muslim countries today that adopt a handful of Islamic laws while ruling by secular and other non-Islamic systems, is the misapplication, misuse, and manipulation of Islamic rulings. This includes the farce surrounding the implementation of the law on diyaat by generations of secular Pakistani regimes and systems. They defiled a Shariah provision aimed at providing justice to victims of murder, by allowing it to be misused to allow family members who kill their own relatives to get away with their crime.
This is not surprising as under the non-Islamic systems of the Muslim world there is no sincere concern for the safety and wellbeing of their men or women. Furthermore, there is no political will to ensure the correct application of Islamic laws, or to uphold Islam’s high view of justice, or to eradicate non-Islamic tribal practices. This is also highlighted in their poor police investigation and interest in countering honour crimes, as well as their poor prosecution and conviction rates of those guilty of them. This is alongside the existence of incompetent and often corrupt judicial systems where money, tribal alliances, and political status can influence the outcome of trials.
The existence of these non-Islamic regimes that govern the region, and the absence of the system of Islam, the Khilafah, explains why tribal and other oppressive non-Islamic attitudes and customs have been allowed to flourish over the last few decades in our Muslim lands.
How Will the Khilafah Address Honour Killings?
Historically, it was the Islamic system that re-defined the attitudes and customs of peoples in the Muslim world regarding ‘honour’ and women away from tribal traditions to that based upon the Islamic Aqeedah. Islam for example prohibited and eradicated the horrific practice of burying baby daughters alive that was deeply-entrenched within Arab society and built upon the tribal view that having girls brought dishonour to a family. It demolished this belief amongst communities, building instead a dominant viewpoint shaped upon Islam that saw daughters as a blessing and their good treatment a means to gaining a high station in Jannah. Similarly, Islam abolished the degrading Arab tradition of divorce known as ‘Zihar’ where a man would end his marriage by insulting his wife, saying to her that she was as unlawful to him as the back (body) of his mother. A woman divorced in this way was not allowed to remarry and had to remain forever in her husband’s custody, becoming a virtual household slave. Verses 1-4 in Surah Al-Mujadilah forbade this practice.
It is therefore the re-establishment of the Islamic system in our Muslim lands under the Khilafah state that alone will build the viewpoint of honour based upon Islam within communities and hence solve the problem of honour killings. It is only a state built purely upon Islam that will be a guardian of all its regulations, addressing with seriousness any violation of its rules. Hence it will have the political will to ensure the correct and comprehensive implementation and enforcement of all the Shariah laws upon the society. This will include ensuring that its citizens are immersed in the noble Islamic values alone through preventing the influx of any non-Islamic thoughts or lifestyles into the society which spread Fahisha (lewd, immoral behaviour) or corrupt the pure and dignified relationship that Islam seeks to establish and maintain between men and women. This is in sharp contrast to the Muslim regimes of today – whether in Saudi Arabia, Iran, Sudan, or elsewhere – which implement a handful of Islamic laws (and even those incorrectly), while simultaneously allowing non-Islamic Western or Eastern ideas and lifestyles to enter their societies through education, entertainment, advertising, or tourism. These thoughts inevitably corrupt the relationship between men and women. Such regimes then irrationally implement the Islamic punishments upon those engaging in acts such as adultery or marrying in a manner not permitted by Islam, although these governments themselves are guilty of creating the very environments that fuel such behaviour.
The Khilafah, as a result of its full implementation of Islam, will not have such a confused contradictory approach to the organisation of society. Rather all its institutions, laws and systems will work together to not only address honour killings effectively but to also create a society that is saturated with the Islamic values, hence minimising immoral behaviour and relationships.
Firstly, its political and education systems as well as its media would build the correct Islamic beliefs and values amongst its citizens, including making Islam the reference point for all actions. This would also encompass promoting Islam’s view towards honour, suspicion, slander, the rights of women and its rejection of oppressive tribal and traditional practices such as honour crimes. Secondly, it will monitor carefully the ideas present within society, aided by its political parties, to ensure that no corrupt, non-Islamic concepts – whether liberal or traditional – are imported into the state or spread amongst the people. Thirdly, it will implement the laws of Islam’s unique social system that would effectively regulate the relationship between men and women. This will minimise immoral activity including extramarital relationships as well as reduce suspicion and doubt over the character and behaviour of individuals amongst family members and communities. And finally, its judicial system will effectively investigate and deal harshly with any case of slander that undermines the dignity of a chaste woman or girl, as well as any act of harming or killing that violates the Shariah. It will also provide effective recourse for any woman forced into marriage, seeking divorce, or who is robbed of their God-given Islamic rights. The Qadi (judge) will also provide legal support to those women who are prevented from marrying according to their choice due to non-Islamic reasons. Additionally, the judicial system will deal with accusations of fornication and adultery according to the strict requirements of Islamic law.
All this would minimise honour crimes and killings as well as other oppressive practices within society. Therefore, for those who carry a sincere desire to eradicate oppressive customs from our Muslim lands, we call you to support the re-establishment of the Khilafah state that has a proven legacy of lifting oppression from its women and society as well as protecting the dignity of its citizens and conferring upon them true honour.
لَقَدۡ أَنزَلۡنَآ إِلَيۡكُمۡ ڪِتَـٰبً۬ا فِيهِ ذِكۡرُكُمۡۖ أَفَلَا تَعۡقِلُونَ
“Indeed, We have sent down for you (O mankind) a Book (the Qur’an) in which there is Dhikrukum, (your Reminder or an honour for you i.e. honour for the one who follows the teaching of the Qur’an and acts on its teachings). Will you not then understand?”
(Al-Anbiya: 10)
Written for The Central Media Office of Hizb ut Tahrir by
Dr. Nazreen Nawaz
Member of the Central Media Office of Hizb ut Tahrir