Qur'an, Hadith and Scholars:Honor Killing: Difference between revisions

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 Honor killing has occured in many cultures, and is the murder by family members, usually of females, who are perceived to have brought shame on the family. The attitude is that the honor of the family in the community can be protected or restored in this way. Common triggers for honour killing occur when young couples have unmarried relations with each other, or when a woman marries someone against the wishes of her parents.
-In Islam, there is no punishment merely for the shame caused upon a family by their female relations, nor to restore family honor by killing them. There are, however, punishments for various types of [[w:Zina|Zina]] (unlawful sexual relations) in Islam. Zina includes both fornication (when they are unmarried), for which the punishment is flogging, and adultery (when they are married, but not to each other), for which the punishment is death by stoning.
+In Islamic law, there is no punishment merely for the shame caused upon a family by their female relations, nor to restore family honor by killing them. There are, however, punishments for various types of [[w:Zina|Zina]] (unlawful sexual relations) in Islam. Zina includes both fornication (when they are unmarried), for which the punishment is flogging, and adultery (when they are married, but not to each other), for which the punishment is death by stoning. These punishments are only to be applied by the authorities.
 Honour killing has been condemned in a recent fatwa<ref>[https://islamqa.info/en/101972 Fatwa 101972 Ruling on honour killing]</ref>, which says that the punishment for fornication by the unmarried is flogging, and must be carried out by the proper authorities.
-However, some statements about women and rules to control [[Islam and Women|women in Islamic primary sources]] very much contribute to the underlying attitudes towards women and girls held by those who commit honor killing and honor violence. There are also some related topics in Islamic sources concerning parents and their children, zina and punishments, as detailed below.
+However, some statements about women and the rules to control them may contribute to the perceived social consequences of failing to exert such control and the underlying attitudes towards women and girls held by those who commit honor killing and honor violence. This includes such rules as those concerning parents and their children, a woman marrying without the approval of her wali, and zina, as detailed below. A connection is disputed by some on the basis that honor killing in the Muslim world is largely associated with certain countries like Pakistan and parts of the Middle East and North Africa rather than universal. The problem has also been documented in a Hindu religious context in countries such as India and Nepal, particularly involving couples of differing castes.
+Efforts in modern Muslim countries have been made to deter such killings by changing the law to enable prosecution of the perpetrators, for example Pakistan in 2016 (after a change that had left a large loophole in 2004)<ref>https://www.bbc.com/news/world-asia-37578111</ref>, though as of 2022 the effect there has been limited.<ref>[https://thediplomat.com/2022/07/honor-killings-continue-unabated-in-pakistan/ ‘Honor Killings’ Continue Unabated in Pakistan] - The Diplomat, 2022</ref>
+Help and advice is available from a number of charities and organisations around the world to help women at risk of honor violence.<ref>For example, see the [https://www.met.police.uk/advice/advice-and-information/honour-based-abuse/honour-based-abuse/ list of organisations] maintained by the UK Metropolitan police<BR />[https://ikwro.org.uk IKWRO] helps women and girls at risk of honour violence in the UK of a Middle East and North Africa, or Afghan background in their native languages<BR />In Pakistan there is the NGO [https://facebook.com/100077467625908/ Sindh Suhai Sath]<BR />In America there is the [https://www.theahafoundation.org AHA Foundation]</ref>
 {{QuranHadithScholarsIndex}}
@@ Line 61: / Line 66: @@
 ==Hadith==
-===A female who arranges her own marriage is a Zaniyah (commits unlawful sexual relations)===
+===A Valid Marriage Requires Approval of the Female's Wali===
 {{Quote|{{Ibn Majah|9|3|9|1882}}|It was narrated from Abu Hurairah that:
@@ Line 67: / Line 72: @@
 the Messenger of Allah said: “No woman should arrange the marriage of another woman, and no woman should arrange her own marriage. '''The adulteress is the one who arranges her own marriage'''.” (Sahih)}}
-Note however, that an earlier hadith in the same book indicates that this situation is not considered to be punishable adultery (as was also the consensus of the scholars according to Imam Abu Bakr al-Jassas (d. 370 A.H.) in his Ahkam al-Qur'aan):
+Note that while the above hadith says that such a woman commits zina (unlawful sexual intercourse), an earlier hadith in the same book indicates that this situation is not considered to be punishable adultery (as was also the consensus of the scholars according to Imam Abu Bakr al-Jassas (d. 370 A.H.) in his Ahkam al-Qur'aan):
 {{Quote|{{Ibn Majah|9|3|9|1879}}|It was narrated from Aishah that :
 the Messenger of Allah said: “Any woman whose marriage is not arranged by her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid. If (the man) has had intercourse with her, then the Mahr belongs to her in return for his intimacy with her. And if there is any dispute then the ruler is the guardian of the one who does not have a guardian.” (Sahih)}}
+Nevertheless, the requirement for approval from the wali of the woman in order for her marriage to be valid greatly increases the potential for shame to be cast by the community on her and her male family members if she defies their wishes.
+A woman marrying without approval from her wali does not have a valid marriage according to this hadith and the majority of scholars. Her wali may only refuse a marriage for legitimate Sharia reasons (for example, if she wants to marry a non-Muslim). Otherwise his guardianship of her passes to another who will approve the marriage<ref>[https://islamqa.info/en/7193 The girl's father disagrees with a marriage - what is the solution? Fatwah 7193 - Islamqa.info]</ref>.
 ===Punishments by stoning for adultery between a married person and someone who they are not married to===
@@ Line 79: / Line 88: @@
 {{Quote|{{Bukhari|3|49|860}}|Narrated Abu Huraira and Zaid bin Khalid Al-Juhani: A bedouin came and said, "O Allah's Apostle! Judge between us according to Allah's Laws." His opponent got up and said, "He is right. Judge between us according to Allah's Laws." The bedouin said, "My son was a laborer working for this man, and he committed illegal sexual intercourse with his wife. The people told me that my son should be stoned to death; so, in lieu of that, I paid a ransom of one hundred sheep and a slave girl to save my son. Then I asked the learned scholars who said, "Your son has to be lashed one-hundred lashes and has to be exiled for one year." The Prophet said, "No doubt I will judge between you according to Allah's Laws. '''The slave-girl and the sheep are to go back to you, and your son will get a hundred lashes and one year exile."''' He then addressed somebody, "O Unais! '''go to the wife of this (man) and stone her to death" So, Unais went and stoned her to death.'''}}
-===No need for a judge, vigilantism is encouraged against sinners===
+===Vigilantism against apostates and sinners is commanded or goes unpunished===
-{{ quote |{{Bukhari|9|84|64}} | Narrated 'Ali:
+{{quote |{{Bukhari|9|84|64}} | Narrated 'Ali:
 Whenever I tell you a narration from Allah's Apostle, by Allah, I would rather fall down from the sky than ascribe a false statement to him, but if I tell you something between me and you (not a Hadith) then it was indeed a trick (i.e., I may say things just to cheat my enemy). No doubt I heard Allah's Apostle saying, "During the last days there will appear some young foolish people who will say the best words but their faith will not go beyond their throats (i.e. they will have no faith) and will go out from (leave) their religion as an arrow goes out of the game. So, where-ever you find them, kill them, for '''who-ever kills them shall have reward on the Day of Resurrection'''." }}
@@ Line 96: / Line 105: @@
 ===Carry out legal punishments on relatives and do not let the fear of blame stop you===
+It is unclear whether a judge is required to rule on the matter first in the following hadith.
 {{Quote|{{Ibn Majah|20|3|20|2540}}|It was narrated from `Ubadah bin Samit that the Messenger of Allah said: “'''Carry out the legal punishments on relatives''' and strangers, and '''do not let the fear of blame stop you''' from carrying out the command of Allah (SWT).” (Hasan)}}
+===Follow the legal process when you find a man with your wife, not vigilantism===
+On contrast to the above hadiths, the following indicates that the legal process should be followed in the case of zina and not vilgilantism.
+{{Quote|{{Muslim|9|3571}}|Abu Huraira (Allah be pleased with him) reported that Sa'd b. Ubada (Allah be pleased with him) said:
+Messenger of Allah, if I were to find with my wife a man, should I not touch him before bringing four witnesses? Allah's Messenger (ﷺ) said: Yes. He said: By no means. By Him Who has sent you with the Truth, I would hasten with my sword to him before that. Allah's Messenger (ﷺ) said: Listen to what your chief says. He is jealous of his honour, I am more jealous than he (is) and God is more jealous than I.
+}}
 ==Scholars==
@@ Line 119: / Line 139: @@
 -4- '''A father or mother (or their fathers of mothers) for killing their offspring, or offspring's offspring''';}}
-===Vigilantism is encouraged if there is no judge to carry out Allah's punishments===
+===Vigilantism encouraged if there is no judge to carry out Allah's punishments===
 {{Quote|{{cite web quotebox|url= http://www.islamqa.com/en/ref/14305/defamation%20of%20the%20prophet|title= It is essential to respond to those who defame the Prophet (peace and blessings of Allaah be upon him)|publisher= Islam Q&A|author= Shaykh ‘Abd al-Rahmaan al-Barraak|series= Fatwa No. 14305|date= |archiveurl= http://www.webcitation.org/query?url=http%3A%2F%2Fwww.islamqa.com%2Fen%2Fref%2F14305%2Fdefamation%2520of%2520the%2520prophet&date=2013-06-19|deadurl=no}}|Defaming the Prophet (peace and blessings of Allaah be upon him) is a kind of kufr. If that is done by a Muslim then it is apostasy on his part, and the authorities have to defend the cause of Allaah and His Messenger (peace and blessings of Allaah be upon him) by executing the one who defamed him. If the one who defamed him repents openly and is sincere, that will benefit him before Allaah, although his repentance does not waive the punishment for defaming the Prophet (peace and blessings of Allaah be upon him), which is execution. If the person who defames him is a non-Muslim living under a treaty with the Muslim state, then this is a violation of the treaty and he must be executed, but that should be left to the authorities. If a Muslim hears a Christian or anyone else defaming the Prophet (peace and blessings of Allaah be upon him) he has to denounce him in strong terms. It is permissible to insult that person because he is the one who started it. How can we not stand up the Prophet (peace and blessings of Allaah be upon him)? '''It is also obligatory to report him to the authorities who can carry out the punishment on him. If there is no one who can carry out the hadd punishment of Allaah and stand up for the Messenger (peace and blessings of Allaah be upon him) then the Muslim has to do whatever he can''', so long as that will not lead to further mischief and harm against other people.}}
+===Honor killing and vigilantism forbidden even if there is no ruler===
+{{Quote|{{cite web quotebox|url= https://islamqa.info/en/101972|title= Ruling on honour killings|publisher= Islam Q&A|author= Shaykh Muhammad Saalih al-Munajjid|series= Fatwa No. 101972|date= ||deadurl=no}}|Ibn Muflih al-Hanbali (may Allaah have mercy on him) said in al-Furoo’ (6/53): It is haraam for anyone to carry out a hadd punishment except the ruler or his deputy. This is something on which the fuqaha’ of Islam are unanimously agreed, as was stated in al-Mawsoo’ah al-Fiqhiyyah (5/280): The fuqaha’ are unanimously agreed that the one who should carry out hadd punishments is the ruler or his deputy, whether the punishment is transgressing one of the limits of Allaah, may He be exalted, such as zina, or a transgression against another person, such as slander. End quote.
+Concealing one who has committed this evil deed so that he may repent and set his affairs straight before he dies is better than exposing him, let alone killing him. The Prophet (peace and blessings of Allaah be upon him) turned away from Maa’iz (may Allaah be pleased with him) after he admitted committing zina, and he ignored him until he had repeated his confession several times, then he carried out the hadd punishment on him.
+Based on this, that which is called “honour killing” is a transgression and wrongdoing, because it is killing one who does not deserve to be killed, namely the virgin if she commits zina (fornication), but the shar’i punishment in her case is flogging and banishment for one year, not execution, because the Prophet (peace and blessings of Allaah be upon him) said: “(The punishment for zina) of a virgin with a virgin person is one hundred lashes and exile for one year.” Narrated by Muslim. The one who kills her has killed a believing soul whom Allaah has forbidden to be killed, and there is a stern warning concerning that, as Allaah, may He be glorified and exalted, says (interpretation of the meaning):
+“And those who invoke not any other ilaah (god) along with Allaah, nor kill such person as Allaah has forbidden, except for just cause, nor commit illegal sexual intercourse ___ and whoever does this shall receive the punishment.
+. The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace”
+[al-Furqaan 25:68-69]
+Even if we assume that she deserves to be executed (if she was previously-married and committed zina), no one should do that but the ruler – as stated above. Moreover, in many cases killing is done on the basis of accusations and speculation, without proving whether the immoral action even took place. }}
 ==See Also==
-{{Hub4|Honor Violence|Honor Violence}}
+*[[Category:Honor violence]]
-{{Hub4|Violence Against Women (Primary Sources)|Violence Against Women (Primary Sources)}}
+*[[Qur'an, Hadith and Scholars:Violence Against Women|Violence Against Women]]
 ==External Links==
@@ Line 133: / Line 168: @@
 [[Category:QHS]]
-[[Category:Islam and Women]]
+[[Category:Women]]
+[[Category:Honor violence]]
+<references />