Relations between law and violence against women, need for an action!

Farkhunda

By : Khatera Kamal Nateqi

Farkhonda was killed in the capital, Kabul, the event once again Showed that women still do not have security in Afghanistan. Government is obliged to prevent these disorders of legal, cultural, Social and religious causes and do not let such similar events happen in the future.

No doubt that attack on Farkhonda is not the first attack, nor will be the last of this kind, and it is clear to everyone such incidents occurring daily in the country, mostly because the beliefs and traditions of the tribes is not realistic.

All responses about Farkhonda murder were questionable and society even government reacts to the supporters and defenders of her death. In this article I will try to give an answer to these questions and that these events needs to get a new check.

Alarm for all

Afghanistan’s Independent Human Rights Commission said that the last seven months of the year 1393 Hijri, the violence against women in Afghanistan is reached 2950 figure shows that violence against women has increased 25 times compared to previous years. The figure recorded in the office of the commission, but many cases of violence against women occurs away from human rights organizations and the media and the victim is buried in the heart.

Many girls are murdered after being raped and many of the perpetrators of the rape and violence against women are the family and relatives. The basic question is that Afghan judicial system which is corrupt, has addressed some of this violence? And do justices to the relatives of the victim have been given?

In some cities and most villages in Afghanistan women because of misconceptions and misinterpretations of religious culture are kept away from the public, they do not have go out of the house or the right to participate in meetings and public meetings.

Due to the oppressive conditions, violence against women is increasing, and this has caused women do not trust even their family members and close relatives.

What happened in the “shah du Shamshyrah” was that perpetrators of violent against Farkhonda unintentionally, film and video tapes is taken by friends and their accomplices. If I held court in this case, without a doubt the movie would be used against the perpetrators of the incident.

The result of a murder

Violence against women are still not ruling even in Afghanistan law. This cause increasing violence against thousands of women, but Farkhonda murder distinct two issues:

First Afghan society, particularly institutions of civil society have reached to a level of awakening and it brought the hope that social and religious norms can be criticism,second, for the first time in Afghanistan, a close traditional country, this incident initiated the resistance power against wrong religious believes. 

No need for thinking

“Shah du Shamshyrah” (mosque) incident showed that it is the time to change the view about religion and ask people know what they do not know about religion. A general look shows that we are standing in first years of Islam with no improvement.  the time that people used to sacrificed everything to get near to God, even God.

Many of the prophets came to invite people to worship with the message of “religion is part of life, not all of life”

We are still at the beginning of the Islamic religious texts and beliefs, with respect to the development of science nowadays, we are still arguing if a woman can go out without his husband permission or not.

The nature and extent of violence in laws

Aggression and violence in history was sentenced, without a doubt, the Afghan government also rejected this phenomena, but how much the government,scholars, legislators have been agreed to prevent this phenomena ?

It must not be forgotten that the government always has the upper hand to control society. If we look at the issue of violence, according to figures undoubtedly negative response to the question.

Social violence is caused of two factors, the absence of law, and violent and despotic law.

A – The lack of law: during the past fourteen years it became clear that some criminals and suspects of violence against women were acquitted because they did some kind of crime was supported in order the other law.

An obvious example of this can be mass rape of women in Kabul’s Paghman, there criminal were sentenced in accordance of kidnapping and armed robbery law in Afghan constitution but their real guilt, mass rape of women in front of their husbands were ignored.

(B) the violent and despotic law: some criminal case base on Islamic law happens that not only crimes are not considered, but also the criminal is a good religious person.

Conclusion

In addition, some violence against women and criminals scape of law reasons is as follows:

(A) false reading of religion, traditional beliefs. women’s rights support organizations believe that the violence in the metropolis where they have more access to information and the media decreased but in rural and remote areas, this phenomenon has been raising.

(B) Administrative corruption in the legal system that acquits criminals, international research shows that Afghan judicial system is the most corrupt institution known. to continue the process will damage general mental health and cause lack of trust to government.

(C) violent religious laws gives the perpetrators the sense of good believers in God that during recent years, in addition to the Taliban and other armed groups, especially in Shiite areas, this believers Issued sentence in order their religious believes.

(D) government has failed to apply the sentences against perpetrators of violence against women. many of the perpetrators of violence are living out of prisons because the law could not put them in prison.

(H )Most villages people address legal issues to the Taliban and this extremist terrorist group (Taliban), in all cases without investigating, sentence the death penalty, stoning, lashings against women.

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