Introduction
Many international organisations have focused on ensuring that human rights are observed worldwide. Various movements have emerged and condemned acts of violence against innocent people with an excuse of faith or culture. The majority of the acts that have caused controversy include those happening in the Middle East (consists of countries such as Yemen and Saudi Arabia) such as Honour Killing.
Even though the punishment is explained as one that protects a family from shame, it is mostly administered to women. There are reported cases where a different solution could have been possible to implement, but due to despising the female gender, the individuals chose to issue death to their victims. This research paper will look into one of the main problems that have persisted in the Yemeni culture for decades, which has been the act of honour killing
The Meaning of Honour Killing
Honour killing refers to the murder of a person by someone seeking to protect what they perceive as dignity and honour of themselves or their family. The victim can either be a family member or an outsider (Rahim et al. 191). These acts are usually linked to caste, religion and other forms of hierarchical social stratification or sexuality. Most often, they involve killing women or girls by men in the family due to the perpetrators’ belief that the victims have brought dishonour and shame upon the family name, prestige, and reputation. Therefore, the motive behind honour killing is protecting the family’s dignity, reputation, or prestige. International organisations such as the United Nations land European Union have condemned honour killings (International Labour Organization).
However, different communities, especially in the Middle East region, continue to encourage their occurrence (United Nations High Commissioner for Refugees). In instances where the victim is an outsider, not killing this person would cause family members to be accused of a moral defect and cowardice and can be morally stigmatised.
If the victim is from the family, the perpetrators’ view is that they have dishonoured the whole family, which could result in social ostracisation by violating the community’s moral norms. One is disciplined using this method when they have a relationship with social groups outside the family that cause social exclusion of their people. For example, having premarital (fornication), extramarital (adultery), or post-marital sex, seeking separation or divorce, or refusing to enter into an arranged marriage.
Honour Killing Law in Yemen
As suggested earlier, most honour killings happen to women more than men. In Yemen, a female is perceived as a source of shame and stripped of her humanity in every aspect of life. The Yemeni legislation is held in contempt and hardly ever implemented. In cases associated with women, lawlessness is aggravated (Mohsen). More shocking is that the constitution of the land institutionalised discriminatory laws that dehumanise women and turn them into commodities.
One case happened in 2018 when a woman was killed by her family members. Samiha was a woman who had separated from her husband but had two children (Mohsen). Although her parents approved of the divorce, her presence at home with the young ones became another burden to the family that they did not desire (Mohsen). They started to harass her and verbally and physically abuse her. Even though marrying again would have helped her out of this situation, her father rejected every marriage proposal, eventually forcing her to escape (Mohsen).
With assistance from her friend, she went to court and asked to marry one suitor her father denied the permission (Mohsen). However, the judge dismissed her and twice requested the presence of her guardian in court. The third time, the family members, notably the father, mother and brother.
Upon seeing the parents, she felt joy since she thought that they had reached a point of allowing her to remarry. It is recorded that her mother pulled a knife and gave it to her son, who then killed his sister by stabbing her in the neck (Mohsen). The man was arrested and charged but later escaped the consequences of the murder case on the grounds of honour killing (Mohsen). Most of these cases happen due to people fearing what other people in their tribes, communities, or societies would think of them (Mohsen). Families in tribal societies are more bound to observe traditions and customs (Mohsen). The members are obligated to adhere to tribal culture recognised as symbols of high status and morality.
Article 42 of the Crimes and Punishment Law No. 12 (1994) dictates that the price of the blood of a male victim is double that of a female. This legislation intends to devalue the life of a woman as being half that of a man. Although the Blood Money for the women is half that of their male counterparts, compensation for bodily injury is equal until it reaches a third of the total compensation set for men. Beyond this point, it is only half of the amount which will be given. A specialist doctor shall establish the type of injuries that exist. In the event, they last or continue without assessment for recompense, the court rules and evaluates the damage accordingly.
Article 232 dictates that if the husband kills his wife and whoever engages in extramarital sex with her after being caught in the act or physically assaults them to the point of death or disability, no punishment will be given. However, the perpetrator is reprimanded with imprisonment for a term not exceeding one year or fined. The same ruling is applicable to whoever surprises any of his ancestors, offspring, or sisters caught committing adultery.
Honour Killing in Islam
In most Arab nations, the practice of honour killing can be traced back to the pre-Islamic times when the Arab settlers occupied a region adjacent to Sindh in Pakistan. They had patriarchal traditions such as the live burying of newborn daughters (Nawaz et al. 425). Such customs date back to the earliest historical times of Ancient Babylon, where the predominant view was that a female’s virginity belonged to the family. There is no mention of honour killing in the Hadiths or Quran (Rahim et al. 195).
In Islam, it refers to extra-lawful punishment by a family against a woman and is forbidden by Sharia laws. Religious authorities do not endorse extra punishments and prohibit them (United Nations High Commissioner for Refugees). Therefore, the practice is a cultural but not a religious matter.
Nevertheless, since Islam has influence over many members of Muslims in most nations and from different cultures, some use the religion to justify honour killing, although there is no support for it in the faith. Traditional interpretations of the Sharia prescribe serious punishments for extramarital sex, or Zina, by both males and females (Nawaz et al. 426).
However, this is not a novel idea and has existed since ancient times. Additionally, it is common in other types of religions. Under Islamic legislation, premarital sex could be punished by about one hundred lashes, whereas adultery is punishable by lethal stoning. The act must be attested by four or more Muslim male witnesses of great character. Punishments are reserved for the authorities, and false accusations are punished harshly.
Among punishments that existed in the past and are no longer prevalent in most Islamic communities is hudud. According to Nawaz et al. (434), the term is translated to boundaries among Muslims. It refers to punishments under the Sharia law and is mandated and fixed by God according to the faith. The punishments were applied in pre-modern societies, and their utilisation in some contemporary nations has been a source of controversy. Traditional Islamic jurisprudence separates crimes into offences against man and those against God (Nawaz et al. 429). The latter violates God’s boundaries and is linked to punishments specified in the Quran.
The offences incurring hudud punishment include Zina, unfounded accusations of Zina, highway robbery, drinking alcohol, and some forms of theft. Jurists have differed as to if apostasy from Islam and rebellion against a lawful Islamic ruler constitute hudud crimes. One can state that hudud was administered mainly in the past, while penalties stipulated by the Sharia law are acceptable in the modern world.
Conclusion
The paper has discussed honour killing, its existence in Yemen and its perception in the Islamic religion. The term honour killing is used to refer to the murder of an individual by others intending to safeguard the dignity and honour of the family. It is applied to not only those in the family but an outsider as well. Such actions are usually connected to caste, religion, as well as other forms of hierarchical social stratification or to sexuality.
Many people believe that the acts have their foundations in tribal customs. One can observe them in different parts of the world or even in communities that do not support or conform to the same ideologies. It is important for international organisations, in collaboration with religious and tribal leaders, to work together to end injustices against humanity.
Works Cited
International Labor Organization. “Yemen – Republican Decree, by Law No. 12, 1994 Concerning Crimes and Penalties.” 2014. Web.
Mohsen, Abeer. “Honour” Killings in Yemen: Tribal Tradition and the Law | Daraj.“. 2019. Web.
Nawaz, Salma, et al. “The role of safety management to analyse the current situation of honour killing in Pakistan.” Journal of Public Value and Administrative Insight 5.2 2022: 424–439. Web.
Rahim, Sabeen, Farhana Jahangir, and Roomana Zeb. “Development and Validation of Attitude towards Honour Killing Scale.” Pakistan Journal of Psychological Research 2018: 191–202. Web.
United Nations High Commissioner for Refugees. “Refworld | Yemen: Republican Decree, by Law No. 12 for 1994, Concerning Crimes and Penalties.” Refworld, 1994. Web.