Syria amends honour killing law

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Syria has scrapped a law limiting the length of sentences handed down to men convicted of killing female relatives they suspect of having illicit sex.
Women's groups had long demanded that Article 548 be scrapped, arguing it decriminalised "honour" killings.

Activists say some 200 women are killed each year in honour cases by men who expect lenient treatment under the law.
The new law replaces the existing maximum sentence of one year in jail with a minimum jail term of two years.

Justice Minister Ahmad Hamoud Younis said the change was made by the decree of President Bashar al-Assad, following a recent increase in "wife-killings... on the pretext of adultery".

The new law says a man can still benefit from attenuating circumstances in crimes of passion or honour "provided he serves a prison term of no less than two years in the case of killing".

The legislation covers any man who "unintentionally" kills his wife, sister, daughter or mother after catching her committing adultery or having unlawful sex. It also covers cases where the woman's lover is killed.
Reports say women's rights activists have given a cautious welcome to the change, with one group calling it a "small contribution to solving the problem".

Their objection remains, however, that the new law still apparently invites men to murder women if they catch them having sex or suspect them of doing so.


Source: http://news.bbc.co.uk/2/hi/middle_east/8130639.stm
 
nice, but are we allowed to kill the adulterer and adulteress out of anger if we catch them in the act?
 
aadil77 said:
nice, but are we allowed to kill the adulterer and adulteress out of anger if we catch them in the act?
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and the reason why is:

- she might be pregnant, so you might kill a baby in the process.

- she might be drunk, or drugged, or being forced, you should always verify exactly whats going on before carrying out a punishment.

- such acts lead to lawless behaviour, the verdicts and punishments must always be handled by the state, once you make yourself the judge, it sets a bad example for many others who will decide to do the same from now on, even in cases where there is no punishment.

- when you are angry, you might over step the limit, as the prophet said, anger makes a person lose his mind, therefore you might do things that are un-Islamic, such as killing the persons in an un-islamic way.
 
the condotions for convicting someone for adultery r very strict in islam and only the government can carry out capital punishment.
 
caller said:
the condotions for convicting someone for adultery r very strict in islam and only the government can carry out capital punishment.
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yupp... we need a trial and supported with 4 truthful witnesses... failing to provide the witnesses... they cannot be punished according to hudood..
 
Man, I don't understand honor killings. If you mistreat your wife, you can blame yourself along with her that she slept with another guy.

If you were a good husband and she still slept with someone else, there are laws in Islam about prosecuting adulterers so you can go push for the max sentence.

Vile women are for vile men, and vile men for vile women. Quran 24:26.

In any case, just let the piece of filth go. You don't beat your garbage to a pulp before you throw it in the trash do you?

(though... I might lose my temper and castrate the guy if he knew she was married)
 
AntiKarateKid said:
Man, I don't understand honor killings. If you mistreat your wife, you can blame yourself along with her that she slept with another guy.

If you were a good husband and she still slept with someone else, there are laws in Islam about prosecuting adulterers so you can go push for the max sentence.

Vile women are for vile men, and vile men for vile women. Quran 24:26.

In any case, just let the piece of filth go. You don't beat your garbage to a pulp before you throw it in the trash do you?
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agree with you...
 
Ruling on honour killings​

Q.I would like to know what the ruling on Honor killings would be and how it should be punished acording to the Laws of the Shariat.

A.Praise be to Allaah.

Killing a Muslim unlawfully is a serious matter and a grave crime. Allaah says (interpretation of the meaning):

“And whoever kills a believer intentionally, his recompense is Hell to abide therein; and the Wrath and the Curse of Allaah are upon him, and a great punishment is prepared for him” [al-Nisa’ 4:93]

al-Bukhaari (6355) narrated from Ibn ‘Umar (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “The believer will continue to be encompassed by the mercy of Allaah so long as he does not shed blood that it is forbidden to shed.”

The Prophet (peace and blessings of Allaah be upon him) has explained to us the reasons for which it becomes permissible to shed this blood. He said: “It is not permissible to shed the blood of a Muslim who bears witness that there is no god but Allaah and that I am the Messenger of Allaah except in three cases: a life for a life (murder), zina of one of who is previously-married (adultery), and the one who changes his religion and forsakes the jamaa’ah.” Narrated by al-Bukhaari (6370) and Muslim (3175). From this it is clear that zina on the part of one who is married is one of the reasons that make it permissible to kill a person, but the zaani (adulterer) cannot be killed unless two conditions are met:

-1-
​

He should be previously-married. The scholars have explained what is meant by previously-married in this case. Zakariya al-Ansaari (may Allaah have mercy on him) said in Asna’l-Mataalib (4/128): The previously-married person, whether male or female, is any adult of sound mind who has previously had intercourse within a valid marriage. End quote. Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said in al-Sharh al-Zaad (6/120): There are five conditions for (being described as) previously-married:

1- Intercourse

2- Within a valid marriage

3- Being an adult

4- Being of sound reason

5- Being free (i.e., not a slave).

End quote.

-2-
​

The second condition is that it should be proven that the hadd punishment is deserved, by the testimony of four male witnesses who saw the private parts meet, or the person should freely admit to having committed zina, without being forced to do so.

If it is proven that he deserves the hadd punishment, it is not permissible for individuals to carry out this punishment themselves. Rather the matter must be referred to the ruler or his deputy to prove the crime and carry out the punishment, because if individuals carry out hadd punishments, that will lead to a great deal of corruption and evil.

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.

And Allaah knows best.

Islam Q&A

http://www.islamqa.com/en/ref/101972
 
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Court halves man's jail term for 'honour' killing
news.com July 8, 2009 - 6:53AM qoute

A court on Tuesday halved the jail term of a 29-year-old Jordanian man who shot his raped sister 12 times "in the name of honour", a judicial official said.

The criminal court initially sentenced the man to 15 years with hard labour for killing his sister in 2008 in Mowaqqar, southeast of the capital Amman, but immediately reduced it to seven-and-a-half years.

The judgment can be appealed within 30 days.

"The woman disappeared from home for six months after she was raped last year," the official said.

"Police kept the woman in custody for protection and later handed her over to the family, but the brother shot her 12 times in different parts of her body once she arrived home, killing her immediately."

The man told police that he committed the crime "in the name of honour", according to the official.

It was not immediately clear whether police ever caught the rapist.

Murder is punishable by the death penalty in Jordan, but in the case of so-called "honour killings", a court usually commutes or reduces sentences, particularly if the victim's family urges leniency.

Between 15 and 20 women are murdered each year in Jordan in the name of "honour". Last year, around 17 such killings were recorded.

Parliament has refused to reform the penal code to ensure harsher penalties.
 
^

Does this article have any credibility since it wasn't reported in any of the major news channels?
 
'Abd-al Latif said:
^

Does this article have any credibility since it wasn't reported in any of the major news channels?
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I heard of a similar case on a documentary. Their culture is so backward and weird. This coward kills his own sister for being raped what a loser he should be shot 3 million times in the face for that. I am so glad I don't live or assoicate with that strange culture.
 
aadil77 said:
nice, but are we allowed to kill the adulterer and adulteress out of anger if we catch them in the act?
Click to expand...

First, if I understand Islam correctly the courts decide who gets the capital punishment. Second, most of the honor killing cases are suspects or the person just had hatred for his daughter or wife then he kills them and accuses them of adultery. I am truly ashamed of Arab and Pakistani culture.
 
To report something even strange after couple women that were raped in Abu Gharib and came home pregnant their fathers and brothers killed them. Two words cowardly losers.
 
Does this article have any credibility since it wasn't reported in any of the major news channels?


The article appears on line at smh.com.au ie Sydney Morning Herald and has been attributed to AFP which i think is Agence France-Presse (AFP)

So whilst that doesn't make the story true and 100% accurate , the news agencies involved are well known in the media world & would not appear to have anything to gain by this story being any thing else except a news item
 
I somehow doubt it's "100% accurate" because I searched for it and couldn't find anything of the like on the internet.
 
My point was that I didn't find it on any other news channel out there apart from this lone website which makes me doubt the validity of that article.

Regardless of how reliable it is, the fact is that honour killing isn't a part of Islam and my first post clearifys that. This is a backward cultural practice.
 
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I hope it is true, inshaAllah. At least it was reported in BBC, as the link I added in my first post shows, and in the Finnish news it was briefly reported.

edit: My mistake, I thought you were still talking about the original article (threadpost).
 
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