Women & Islamic Cultures Family, Law and Politics

(Romina) #1
Suppression of Violence Against Women and
Children Act of 2000, and also punishable under
the Special Powers Act of 1974 (As Amended) by
the setting up of a special tribunal. But in practice
criminal law does not provide enough protection to
women against rape. In cases of rape the rule that
prevents further action is that an independent wit-
ness is required to confirm a victim’s statement.
Other factors contributing to the fact that the crime
is rarely reported are poor medical examination of
the victim, bribery by the offender, and threats to
life. Rape is also committed on women held in
police custody where it is difficult to hold the
offender accountable because the investigation is
supposed to be carried out by his own colleagues.
The social and emotional consequences of rape are
endless. Marriage for victims of rape is virtually
impossible. People still believe that rape is the vic-
tim’s own fault and many victims of rape commit
suicide.

Violence
Women are not sufficiently protected from do-
mestic violence, including dowry deaths. Incidents
of murder or attempted murder for dowry-related
reasons are regular items in the country’s daily
papers. Acid burnings have also become a common
form of violence; the main reasons for this crime
are jealousy, refusal of sexual advance, revenge
after an argument, or a husband seeking more
dowries or permission for polygamous marriage. In
1984, a new provision, section 326A, was inserted
in the Penal Code providing penalties up to capital
punishment for those found guilty of this crime.
The Suppression of Violence against Women and
Children Act 2000 recognizes offences of sexual
assault and sexual harassment. Under the Bang-
ladesh Penal Code women cannot even be charged
with adultery, but occasionally decisions are con-
trolled by the local elders, led in particular by reli-
gious leaders. There have been cases where women
were accused of zinàand sentenced to be caned.
Sentences passed on women (sometimes called
fatwas) issued by mosque imams and madrasa
maulanashave included stoning, flogging, or social
boycott.

Trafficking
Trafficking in women and children is a signifi-
cant problem in the Bangladesh. The government
has taken measures to curb the practice by intro-
ducing strict punishment to offenders in the Sup-
pression of Violence Against Women and Children
Act 2000, and strengthening border check posts.

406 law: criminal


But due to socioeconomic factors there is a serious
lack of implementation of laws and border police
may become partners with the traffickers in order
to supplement their income.

Bibliography
Ain o Salish Kendra, Threats of violence and violations of
human rights by imams of mosques and the religious
right in Bangladesh, unpublished collection of cases
compiled for the period 1992–94, Dhaka 1994.
R. Bhuiyan, Aspects of violence against women, Dhaka
1991.
M. Guhathakurta, Gender violence in Bangladesh. The
role of the state, in Journal of Social Studies30 (1985),
77–93.
M.-A. Hélie-Lucas and H. Kapoor (comps.), Fatwas
against women in Bangladesh, London 1996.
R. Jahan, Hidden wounds, visible scars. Violence against
women in Bangladesh, in B. Agarwal (ed.), Structures
of patriarchy. State, community and household in mod-
ernizing Asia, New Delhi 1988, 216–26.
S.-R. Khan, The socio-legal status of Bangali women
in Bangladesh. Implications for development, Dhaka
2001.
R. Khondker, Violence and sexual abuse. Legal cases stud-
ies from Bangladesh, Dhaka 1990.
K. R. Redden, Bangladesh, in K. R. Redden (ed.), Modern
legal systems cyclopedia, ix, Buffalo, N.Y. 1990.
A. Shaheena, How far Muslim laws are protecting the
rights of women in Bangladesh, Dhaka 1992.

Rubya Mehdi

Iran

The source for understanding the standing of
women in Iranian criminal law is the Islamic Penal
Code. The origin of this Penal Code can be found in
Qanùn-i ™udùd wa qißàßwa muqarraràt-i an(The
law of retribution and boundaries and its ordi-
nances) that was passed immediately after the rev-
olution of 1979. This law was later amended and
ratified as Qanùn-i mujazat-i Islàmì: £udùd, qißàß,
diyat, ta≠ziràt(The Islamic Penal Code: boundaries,
retribution, compensation, corporal punishments)
by a clergy-dominated Iranian parliament in 1982
and again amended in 1992.
The Islamic Penal Code, relying on often-am-
biguous Islamic commands, allows for severe and
violent physical punishments. In addition, public
or state authorities are given permission to violate
the citizens’ private spheres on the pretext of com-
bating moral crimes and violations. As such, the
Islamic Penal Code not only conflicts with inter-
national human rights treaties, many of which the
government of Iran had signed before the revolu-
tion, but is also at odds with the social transforma-
tion Iran has experienced in the past century. On
Free download pdf