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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