2)
How does the
local society understand
the killing of women on
the basis of the family
honor?
The
subject of killing of
women on the basis of
the family honor began
to receive more
attention from women’s
legal centers than
previously. People
concerned are now
approaching this issue
without much confusion
or hesitation, since
they consider this crime
to be a very serious one
against women and
humanity.
The
family forms the core
productive unit in
Arabian society, and it
represents the
foundation for unity in
the community. Members
of a family share
responsibilities and
duties, and enjoy its
successes and failures.
They feel proud when a
member of the family
achieves success, and
feel ashamed when a
member of the family
fails in a job or a
task. If some member of
the family makes a
mistake, or does
something shameful, this
is considered disgrace
to the whole family.
Therefore,
the relationships
between members of the
family are simply
relations between
interconnected members
of a cohesive unit. Each
member plays his/her
role, but remains
closely linked to roles
of the other members;
like the father, the
wife, the husband and
the children. Each one
of them ‘lives’ his
character, but feels
responsible for the
others. His/her behavior
affects all other
members of the family.
For example, when a girl
misbehaves, she is not
only violating
traditions, but also
bringing shame to the
whole family. This is
where the roots of the
crimes of killing on the
basis of honor lie. The
family undertakes such a
crime to attempt to
re-establish the honor
of the family. (Barakat,
1999, pages 175-176)
The
above mentioned
explanation of the
Arabian family
illustrates how the
crimes of honor killing
are caused by the
behavior of the woman,
which is looked at as
bringing shame to the
family. This crime is in
fact “killing an
innocent soul (a female)
because of social
concepts that differ
from one society to
another. The crime
relates the honor of the
family to the behavior
of the female. Her
unacceptable
relationship with a man
justifies the
crime that ensues in an
attempt to ‘wash
off’ the shame and
redeem the honor of the
family.” (Zaghbabeh,
1998, page 1)
As
we see, the social
traditions and customs
play a major role in
promoting the occurrence
of this phenomenon. The
focus on the value of
honor has great
importance in Arab
society. The position
and value of women is
decided by what actions
the woman takes with her
body. She is supposed to
stay at home, care for
the household and
produce children. This
fact shapes the Arab
society in the
traditional paternal
mold, in which the man
dominates everything,
and the elderly people
dominate the young. In
other words, sex and age
decide the authority in
the community. (al-Turki
and Zuraiq, 1995, page
80)
The
Arab woman is known as,
or referred to, not by
her name, but by her
relationship to men. She
is often called, the
mother of (a man) or the
wife of (a man) or the
daughter of (a man).
Marriage also encourages
this fact. It is worth
mentioning here, that
women (females) feel
inferior since birth,
since Arab society
prefers males over
females. Arab families
give boys more
attention, and provide
them with better living
conditions and
facilities, such as
education. As for work,
men can be flexible;
they may agree for women
to work if that suits
their financial
interest. In the
countryside, men may
allow women to go to
work, specially in the
fields, because that is
an economical necessity.
In the city, the
situation is different.
Men may allow women to
go out to work if there
is a financial need,
with one condition that
she covers her hair
(wears a veil or the hijab).
This stipulation is
related to her honor.
And when a woman agrees
to this condition, and
earns money from her
work, her “guardian”
- her husband or her
father or brother- will
have the right to use
her salary, spend it,
the way he likes. (Kh.
Sa’eed 1991, page 71
and al-Zayyat 1993, page
166)
So,
the concept of honor is
connected only to the
sexual organs of the
woman (the hymen). The
honor of a man is not
related in any way to
his own behavior, it is
related primarily to the
behavior of his wife,
his daughter or his
sister. A man who
commits all the
wrongdoings in the world
is considered
‘honorable’ if his
wife doesn’t deceive
him by having an affair
with another man. A man
who is known as a
wrong-doer is considered
‘honorable’ if his
daughter safeguards her
virginity. So the honor
of a man is not related
in any way to his
behavior; such as being
honest and respectable
and always being
truthful. This is a
skewed understanding of
the concept ‘honor’.
It is limited and
defined by the lower
part of the woman’s
body, to her hymen . (al-Sa’dawi,
1900, page?) ‘Honor’
is defined in accordance
with the interests and
values of the society,
and those are defined by
the dominant powers of
the community. Man has
been, and is still, more
economically powerful
than woman in the Arab
society, therefore he
defines and understands
the concept of
‘honor’ as he feels
fit. To most men, the
meaning of honor is
limited to the sexual
virtuousness of the
woman. (Al-Zayat,
1993, page 166)
As
a result, a group of
contradictions often
live within the Arab
woman. First she feels
impure, and she realizes
that an affaire (with a
man) outside of marriage
is illegal, and can be
fatal. Despite the
general feeling that a
woman’s body is
‘unclean’, this body
has a considerable
importance. Any touch or
contact with the
woman’s body is a
breach to the honor of
her family, and the
punishment for that
crime will be death, in
order to wash off the
shame. (Sa’eed,
1991, 74)
The
above mentioned analysis
suggests that the crime
of killing women on the
background of family
honor is primarily based
on the foundation that
the Arab society is a
paternal-dominated
community, and this male
authority works hard to
‘discipline’ the
behavior of the women.
The
crimes of killing women
on the background of
family honor are not
something new, but
people prefer to keep
such cases within the
family. And when such
crimes occur and the
police know about it,
they often register them
under ‘family
disputes’ or find
other reasons to explain
the killing. (Woman
Center for Social and
Legal Counseling, 2001,
page 32)
Honor
killing is one of the
forms of killing women
because of having sex
with men outside of
marriage. A man who is
closely related to this
woman who
‘misbehaves’ kills
her in order to
safeguard the honor of
the family. (Khader
1999, page 8 and
Zaghbabeh 1998, page 1)
In
a study that was
conducted in Jordan in
December 1998 with the
aim to find out the
motives for killing
women, the killing to
‘defend’ the honor
of the family was the
major motivation. As for
the relationship between
the killer and the
victim, the study
revealed that in 75% of
the cases the killer was
‘the brother’.
Description of the
killers in most of the
cases showed that they
were young men, with low
level of education who
received low salaries. (Zaghbabeh,
1998, page 1)
It
is realized then, that
in the Arab society, of
which Palestine is part
of, that the
understanding of the
killing of women on the
background of the family
honor is basically the
same in all countries.
This understanding is
related, and affected,
by a series of old
customs and traditions
that have been the
heritage through
generations.
One
of the studies conducted
on the issue of
honor-related crimes,
discussed the change in
the concept of honor in
the Palestinian society
according to the
different time periods. (Abdo,
1999) From 1948 to
1967 women in the
countryside did not go
out to work, so they
remained in the frame of
household work and
responsibilities. Women
did not take part in the
public life of the
community. They only
participated at times of
armed conflict, mainly
in transporting food and
ammunition. Bedouin
women didn’t have much
freedom, even their
souls and bodies were
under the
‘ownership’ of their
men (husbands). Bedouin
women lived under very
strict circumstances
forced on them by the
traditions of the tribe
they belonged to. They
even were used in the
so-called custom of “Gharret
el-Yadd”; an
ancient tradition in the
Bedouin community. When
a member of the second
tribe killed a
reconciliation
“Sulha” occurs
between two tribes after
a man from the first
tribe, the first tribe
takes away a virgin girl
from the second tribe to
live with them. When she
gives birth to a boy and
he grows up to replace
the man who was killed,
only then can she go
back to live with her
family. This tradition
reflects the ambiguous
understanding of the
meaning of the concept
“honor” of the
woman. Here we notice
that the killing of a
woman because of the
honor of the family can
be implemented if she
practiced sex
voluntarily, since the
general understanding
says a woman must remain
a virgin until marriage.
The
position of women in the
city was influenced by
various factors during
that time period. In the
fifties the custom of
wearing the veil “hijab”
appeared and spread,
representing more
limitations on the
movement of women. In
addition, there was not
much development in the
media, at that time, and
communication methods
were still primitive.
The
time era after the war
of 1967 witnessed a
major transformation in
the position of women in
the Palestinian
community. Women played
a role in the economic
well-being of her
family, as a result of
the policies of the
occupation, such as the
confiscation of land and
loss of sources of
income, that pushed
women to enter the work
market. Women began to
share responsibilities
of the family with men,
and so gained financial
authority. The reality
of women from the
village or town going
out to work every day
broke many old
traditions. It was no
longer a shame for girls
and women to work, and
therefore removed that
as an influence to
family honor. This
monetary need opened
many doors for women who
began to seek higher
education to gain better
qualifications in order
to earn higher income,
and so the long-built
fortifications of honor
collapsed. (Abdo,
1999, pages 18-20)
However,
this development in the
understanding of the
concept “honor” did
not prevent killing
women on the background
of the honor of the
family. As seen from a
study conducted by
Kivorkian, in
association with the
Women Center for Legal
and Social Counseling in
1999, the phenomenon
still exists in
Palestinian society. The
study showed that
between the years
1996-1999 there were 38
cases of murdering
women, as recorded in
the police files, 26 of
them in Gaza Strip and
12 in the West Bank. Men
that were first-degree
relatives, such as
fathers, brothers or
uncles, carried out
those crimes. Man
dominates the behavior
of women in a way that
serves his interests.
Men often make women
feel plagued by distrust
regarding their
behavior. Relatives or
even neighbors may
suspect (sexual)
misconduct of a woman
without having confirmed
evidence or assurances. (Kivorkian,
2001, page 35)
The
study also showed that
not all the cases of
killing of women were
recorded in the police
files, either because of
the sensitivity of the
cases, or due to the
reconciliation or family
tribunal (sulha)
of the crimes by the
hands of community
chiefs (Mukhtar).
(Women
Center for Social and
Legal Counseling, 2001,
32)
Therefore,
the law is absent –or
neglected- in those
crimes. There are no
specific laws or rules
that protect women. The
killer often receives
very light punishment,
which indirectly
encourages further
crimes. There are
accepted reasons, or
excuses, that provide
the legal umbrella for
men to commit such
crimes, even when they
are convicted. (see
the Jordanian penal law
number 16 for the year
1960 that is still valid
and used in the West
Bank)
There
are many different laws
that influence the
subject of honor
killing. Arabic laws and
legislations have been
affected by various
factors, most important
of which is the Islamic
law (Share’a)
as a source of
legislation in most Arab
countries. Although the
Islamic laws dealt with
basic principles as
justice and equality,
and provided penal
punishment for the
crimes of adultery and
incest, still the
understanding of
treatment of women was
not fair. People in many
Arab states still treat
women in a humiliating
manner. The Arab
legislator adhered to
the traditional beliefs
regarding the position
and treatment of women,
and gave them some sort
of validity. (Khader,
1999, page 4-18).
A
recent Palestinian study
that discussed the
killing of women in
Palestinian society (Kivorkian,
2001) followed a
relatively different
path, regarding the
definition of the
concept ‘honor’. The
study began by saying
that, since women are
being killed in all
communities, women are
killed in Palestine
because they are females
in the first place. The
study also revealed that
men who –in most of
the cases- lived with
them in the same
household kill women.
The study concluded by
pointing out that laws
discriminate against
women in such crimes,
even in western
countries. Providing
reasons and excuses for
these crimes in fact
justifies their
occurrence.
(Kivorkian,
2001)
The
study defined the
killing of women as
“all actions that
cause threat and women
or girls to fear that
they may get killed on
the justification of
honor”. The study
identified four kinds of
killing:
a)
The victim feels the
danger of getting killed
if the family discovers
that she was the victim
of incest or rape or she
had lost her virginity.
b)
The victim could be
threatened of being
killed by a relative,
whether verbally or by
the brandishing of a
knife.
c)
The woman or girl
suffers physical
harassment, but is not
killed.
d)
The actual killing of
the woman.
(Kivorkian,
2001, page 22)
The
study gave three
examples of the actual
killing of the victim,
the fourth kind, all
occurring in the
Palestinian villages;
two in the north and one
in the middle. Two were
single women, and one
was divorced. Two of
them were killed with
the intention of
maintaining and
protecting the honor of
the family – or to
prevent a social
scandal.
However,
meetings with heads of
families (Mukhtars)
in the south of the West
Bank, Hebron area,
revealed that many
similar actual crimes of
killing women would not
be known, since people
keep them hidden. (Kivrokian,
2001, 67)
This
fact suggests that there
are number of women who
are killed on the
background of honor of
the family without any
documentation. As for
the views of the heads
of the families
themselves, they
supported the killing of
women for the honor of
the family, because
violating the honor
brings shame and
disgrace to the family
(to the males). (Kivorkian,
2001, page 65)
The
study found out that the
majority of women who
are threatened by
killing on the basis of
family honor were from
villages (18), from
towns (9) from refugee
camps (6) and from
Bedouins (1). This shows
that village women feel
the threat more than
others. The study
affirmed that the option
of killing women is
socially acceptable,
especially in the north
and south of the West
Bank, less in the
center. (Kivorkian,
2001, page 43)
Thus,
we realize that since
man is dominant in the
Palestinian community,
not only socially but
also economically and
politically, the issue
of killing women to
maintain
the honor of the
family will remain in
existence. Therefore,
efforts have to be made
to improve the
democratic process, in
order to develop the
position of woman in the
community, and involve
her in the social,
economical and political
life. The crimes
committed against women
on the basis of family
honor must be approached
as human and legal
crimes. Anyone who
commits such a crime
must be punished
lawfully as any person
killing another innocent
individual.