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Thursday, January 21, 2016

Stoning of Women in Iran



            The application of stoning remains to be a practice that is prevalent in Islamic countries. In history, this has been used in different forms as a way to punish people who have violated the laws. In the Muslim context, it serves as a response to violations related to adulterous behavior as mandated by Sharia and Muslim traditions. Such approach also remains to be rampant in Iran as both the state and extra-judicial actions related to stoning remain to be prevalent. In seeking then to understand the context of stoning of women in Iran, careful consideration must be made surrounding its application, purpose, depiction of reality through film and limitations related to promoting changes despite the consensus and pressure to abolish the mandate.

Defining Stoning
            Stoning is defined as a process of punishment where an individual is subjected to death by a group who throws stones. The term is also referred to as lapidation and remains to be practiced in different Muslim states. Stoning can also be considered torture because the person has to endure the pain before dying. Looking closely, the process remains to be traced in history as a form of capital punishment. Arguably, this has been a practice of various civilizations and influenced the application of the judicial system and punishment. For old civilizations, this is a good way to promote deterrence as well as control the behavior of its citizens. A good way to show the relationship between stoning as a capital punishment and history is the quote provided by violenceisnotourculture.org:

“Although it takes many different forms, stoning has been used throughout history and in many religious and cultural traditions as a kind of community justice or capital punishment. For instance, the practice has been documented among the ancient Greeks to punish people judged to be prostitutes, adulterers or murderers” (1).

The process of killing somebody during stoning does not necessarily put the blame on the individual who threw the stone that killed. Rather, it comes from the moral burden of the group who participated in such act. Here, all of them have some degree of moral blame that they have to live with for the rest of their life. In the Muslim context, it also shows the willingness of the people to engage in such actions in order to promote specific religious ideals and customs despite the brutality of the act committed.

            Applying the process of stoning in Muslim culture, the practice has been an approach utilized as a form of capital punishment. This particular feature is associated with the crime of adultery to both male and women. In Islamic countries, the practice of adultery is considered a capital offense and remains to be punishable by death. The next section highlights examples of some countries that continue to practice or have stoning as a form of capital punishment.

Countries that Practice Stoning

Afghanistan
            Looking closely, the practice of stoning in this region is not bound by its specific Penal Code. The practice of stoning continues to be practiced by members of the traditional religious faction Taliban. “Before the rule of Taliban (pre-1996), tribal leaders and religious leaders controlled the main provinces of Afghanistan, were the main interpreters of Sharia, and some treated adultery as a crime punishable by death, often in the form of death by stoning” (Violenceisnotourculture.org, 5). Critically, this has been changed with the US occupation and changing of some provisions of Afghanistan’s penal code. However, the practice still continues in some provinces where the Taliban remains to be influential.

Iran
            For the case of Iran, the practice of stoning remains to be legal and sanctioned by its penal code. Embedded in this code is the provision of how stoning should be applied as punishment for adulterous behavior among men and women. Looking close, the history of this mandate goes back in the 1980s where people have been subjected in accordance to Islamic concept of Rajm or stoning. Though there have been changes, it created little impact in the continued practice for stoning in the region. For example, “in December of 2002, the Head of Iran’s Judiciary, Ayatollah Shahroudi, succumbed to the pressure of human rights activists – who were in the midst of negotiations with the European Union – and imposed a moratorium on stoning” (Violenceisnotourculture.org, 8). Even if this may seem to be the case, there have been reported cases of stoning in various areas of the country.

Nigeria
            In this particular region, the state recognizes stoning to be a practice that serves as punishment for adulterous behavior, though this has never been codified within its laws. Looking closely, the legal structure of Nigeria remains to be influenced by customary laws, Muslim laws and civil laws. However, from the context of familial and personal relations, the Muslim and customary laws apply. The practice then of stoning can clearly be seen in some of the provinces in Nigeria (specifically eleven). “Stoning is prescribed in all these states as the punishment for a married person who has an “illicit sexual affair” (Violenceisnotourculture.org, 15).

Pakistan
            Originally, Pakistan was strict in the implementation of stoning in its legal system. Since its establishment in 1979, the offenses and punishments were outlined explicitly. Included in this provision is the process of stoning for individuals who have been proven guilty of committing adultery and rape. This is particularly referred to as Zina Ordinance of 1979. “The punishment of stoning for a married Muslim offender has been retained in law; however, to date, no such punishment has been carried out within the legal system” (Violenceisnotourculture.org, 17). Even if this is the case, there continues to be the issue of extra-judicial application of stoning happening on areas where hardline or traditional Muslims are located.

Sudan
            Sudan has a very explicit way of defining how stoning would be implemented in the country. Like any other state, its application comes from adulterous behavior or people engaging in relationships outside of marriage. Again, these mandates are pursuant to the practice of Sharia law. The main difference here however is that the Sudanese president shall be the one to approve of the death sentence. Looking closely, stoning as a form of punishment has been publicly introduced in 2010 by the National Assembly as a way to complement Zina punishments.

United Arab Emirates
            Lastly, stoning as a form of punishment can also be seen in United Arab Emirates. Here, the basis for application remains to be the Islamic Sharia and UAE’s penal code. The coverage for stoning remains to be focused on rape and adultery. Although the state has limited instance of promoting stoning as a punishment, the existence of the law provides context for its continued usage and application. Nevertheless, the availability of stoning as a course of action can also put forward areas of concern.

Understanding the Culture of Stoning in Islam
            Based from the description among different regions that practice stoning, the culture of the approach remains to be based on the features of Islamic law. Here, the basis for this punishment considers the interaction between the tenets provided by both the Quran and Hadith. Though hardline and traditional Muslims would argue about the religious connection of stoning as a viable punishment for adulterous behavior, there remains to be questions about the real connection of the practice to Quran, Hadith or both. The argument that supports stoning comes from the traditional Muslim response to adultery. “Although the Quran (Surah al-Nur 24:2-9) only stipulates 100 lashes for adultery, the Prophet Muhammad reportedly had a number of men and women stoned in his time, which is taken as evidence for those who argue for the codifying of this punishment as Shariah or Islamic law” (Violenceisnotourculture.org, ‘Frequently Asked Questions’ 1).  However, this also brings forward questions surrounding application and inconsistencies with the Hadith and Quran. Specifically, the confusion comes from the vantage point of what punishments need to be applied in a particular context.

Examining the Practice of Stoning in Iran
            The practice of stoning in Iran remains to be influenced by two practices. The first one is the legal mandates shaping the approach. The second are the extra judicial approach where people do the act themselves without undergoing investigation or due process. Looking closely, the first part demonstrates the connection of stoning in areas related to the Sharia law. Specifically for Iran, the act remains to be supported by its Penal Code. They had been practicing state-initiated stoning since 1980 and continues to do so until today. These are supported by provisions from Article 102 to 107 where it details the violations that are committed by both men and women (Violenceisnotourculture.org, 8). Each of these provisions cover the areas related to adultery.

            On the other hand, the extra-judicial approach also remains to be rampant in the country. This means that people continue to kill women through stoning without proper procedures or judicial review. Arguably, this is where the most discrimination and abuse happens. In this part, women are subjected to various forms of questioning that more often than not result in the same verdict: guilty. The saddening part about this is that most of the women didn’t commit adultery. Rather, they were only subjected to abuse or rape by men. Equally, these acts have been initiated in the environment where hardline Muslims are located. These are groups who follow the Muslim traditions fully and does not necessarily show sympathy to women who have been subjected to either abuse or violence.

Stoning and Women Rights
            Assessing the continued application of stoning as a form of discipline is arguably a violation of women’s rights. Specifically, International Human Rights Law outlines the role that the state should pursue in protecting the rights of a woman regardless if she has been proven to be guilty of a criminal act such as adultery. A good vantage point to consider is that adultery is not necessarily a grave offense. However, in due respect to the traditions and beliefs of the Muslim culture, there must be a justifiable punishment that would be applied. Rather than subjecting women to stoning, there are other ways that can help mitigate inhuman or degrading responses, especially for Iran.

            Another important context to consider when understanding women rights would be the context that women are situated into. Living in a Muslim environment, women have little rights and are subjected to their husbands. Arguably, these limitations make them susceptible to abuses or false accusations where they can be subjected to harsh punishments such as stoning. A good way to highlight this is the quote, “in the Iranian Penal Code, a married woman has no right to divorce, a privilege which is reserved for the husband. Women have no custody rights of their children after age seven; as a result, women who can obtain a divorce by proving their husbands are either abusive or an addict, choose not to do so fearing the loss of their children” (Violenceisnotourculture.org, ‘Frequently Asked Questions’ 1). It is through this context that the promotion of women rights remains to be essential but difficult to achieve.

            Lastly, the patriarchal system present in majority of Muslim societies also undermines the protection of women’s rights against stoning. Even if there are international mandates that seek to promote the welfare of women, there is still yet to be an implementing document that states should sign. Of course, there would also be an issue as to whether the state shall accept this provided that it would challenge their traditional customs and Sharia law. Seeing this, unless legal and traditional customs are changed, the practice of stoning would continue to hamper the rights of women.

Applying the Case of Stoning of Soraya M.
            The movie the Case of Stoning of Soraya M considers the process of stoning and how it depicts a particular reality happening in some Muslim countries such as Iran. In particular, the story depicts Soraya who was charged with committing adultery. The duration of the film examines the lack of effective ways that Soraya is able to protect her interests or tell the truth. Here, it gives emphasis on how Muslims continue to discriminate such act and how women remain to be affected the most by this culture. The end of the story depicts the actual stoning and her death because of a crime that she did not even do. It gives a chilling and sad ending to the woman who lost her right to live and dignity without the proper legal procedures to determine if the accusations given is the truth or not.
            Assessing the film, this clearly depicts the harsh context of stoning in Iran. It highlights the burden of women not only in defending themselves but also the emotional trauma of being charged as an adulterer. From the vantage point of the film, it gives a good perspective of the social realities happening in the Muslim world. Arguably, the film shows the brutal punishment that women are subjected to. Similarly, it also shows the inability of Western ideals to influence change. Here, Bradshaw contends that “no reasonable person can doubt that the sharia practice of stoning a woman to death for supposed "adultery" is utterly grotesque – as is the cringing reluctance of some on the western left to condemn it, for fear of being branded Islamophobic” (1). Such conditions clearly present the prevalence of extremes in demonstrating punishment for Muslims.

Western Influence to End Stoning
            In seeking to end stoning as a punishment, there is collaboration among groups and international agencies with the overall objective of pressuring governments to amend their laws. For example, there have been lobby groups that have sought to create pressure to Muslim states to recognize and find alternative ways for the punishment of Zina. In addition, there has been a constant response to review the judicial process and monitor extra-judicial activities to prevent the act from hardline Muslims. All these groups operate on the ideal that the women in these countries remain to be compromised because of their status and role in society. It is in this respect that the process of stoning might be too harsh since the act of adultery isn’t proven all the time.

            Equally, pressures from organizations such as Amnesty International, United Nations and other international agencies shape the Western Influence to end stoning. However, the current process only revolves around creating a simple consensus that change needs to be initiated. Specifically, Redpath contends that “although there is consensus within the international community that stoning violates a host of UN treaties and international human rights laws – including the fundamental right to freedom of torture – there is no legally binding commitments at the international level with regards to stoning”(1). This limited commitment is caused by the inability of Muslim states to extend support due to the conflicting ideals it brings to Muslim tradition and Sharia.

Analysis
            Assessing the context of stoning of women in Iran, the process clearly shows challenges and clashes surrounding religious beliefs and ideals. There is of course the traditional customs where it justifies the practice against zina (adultery) as well as its inclusion within the Sharia law for many Muslim states. Though there have been clamors coming from the international community to abolish stoning and willingness coming from religious leaders to accept this mandates, there has been little movement in terms of amending the Sharia law (the Guardian 1). This illustrates the continued preference of the state to maintain its Muslim traditions and ideals.

            Similarly, the issue brings forward the process of extra-judicial actions. In Iran and other Muslim states, the continued application of stoning with due process remains to happen. This demonstrates the lack of commitment to exercise policing efforts and give women the benefit of the doubt and defend themselves. Given their current role within Muslim society, women would continue to be subjected to discrimination and abuses. Specifically, it remains to be easy to reverse a story of rape to adultery and the woman be subjected to stoning. Arguably, this remains to be a sad reality that continues to influence the manner that women are treated especially in areas where traditional and hardline Muslim beliefs are maintained.

             In seeking to promote changes, the process clearly comes from the ability of leadership to spearhead change. Of course, the pressures from the international community can be a factor to consider however, the Ayatollah would also have to balance the inputs coming from its conservative leaders since the creation of new fatwa (mandate) would challenge numerous provisions highlighted by the Sharia and Muslim tradition (Sardr 1). Using this perspective, the ability to end stoning relatively comes from its leaders and continuously engaging in dialogue with religious leaders to come up with solutions that are significant and appropriate for all parties concerned. 

Conclusion
            Overall, the process of stoning remains to be widely practiced in Iran. This feature remains to be seen among numerous Islamic states. Specifically, this mandate is integrated under the Sharia or Hadith. Similarly, media has represented the violence and brutality through its depiction in films such as the ‘Case of Stoning of Soraya M’. Despite the continued commitment of groups to call for the end of stoning as a way to implement capital punishment, these laws still remain to be existent in many Islamic societies. This is particularly due to the conflicts with Muslim ideals and customs. Such reality undermines the rights of women and puts them in a state where they can be abused or exploited. In seeking then to promote change, leadership must be necessary in order to create favorable solutions to its continued practice. Specifically, finding the balance between preserving religious customs and Western ideals concerning the use and application of punishment is imperative. In addition, monitoring extra-judicial practices can be a suitable response in helping provide commitment towards change.   

Works Cited
Bradshaw, Peter. ‘The Stoning of Soraya M – review’ the Guardian. 2010 Web Available from
<http://www.theguardian.com/film/2010/oct/21/the-stoning-of-soraya-m-review>
Redpath, Rhiannon. ‘Women around the World are being Stoned to Death. Do you know the
Facts?’ PolicyMic. 2013 Web Available from <http://www.policymic.com/articles/68431/women-around-the-world-are-being-stoned-to-death-do-you-know-the-facts>
Sadr, Shadi. ‘The ‘End of Stoning’: Islamic Republic Style’ The Huffington Post. 2012 Web
Available from <http://www.huffingtonpost.com/shadi-sadr/iran-stoning_b_1335809.html>
The Guardian. Stoning in Iran: Brutality pure and simple. 2010 Web Available from
<http://www.theguardian.com/commentisfree/2010/jul/09/stoning-death-penalty-iran-editorial>
Violenceisnotourculture.org. Frequently Asked Questions About Stoning. 2011 Web Available
from <http://www.violenceisnotourculture.org/faq_stoning>
Violenceisnotourculture.org. Mapping Stoning in Muslim Contexts. 2012 Web Available from

<http://www.wluml.org/sites/wluml.org/files/Mapping%20Stoning%20in%20Muslim%20Contexts_Final.pdf>



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