Friday, April 2, 2010

Muka depan ASLI

Law in a Pluralist Asia: Challenges and Prospects
7th Asian Law Institute Conference
Tuesday and Wednesday, 25 and 26 May 2010, Kuala Lumpur, Malaysia

Murshamshul Kamariah Musa &
Assoc Prof Nurhidayah Muhd Hashim
La Trobe University, Melbourne


The international concern on the violence committed against women has been given due recognition through an international declaration, Convention on the Elimination of Discrimination against Women or CEDAW which was adopted by the United Nations General Assembly in 1979. Women have become victims to many types of crimes sometimes just due to their gender. Among the types of crimes or violence committed against a woman, which is gender bias, is the practice of honour killing – prevalent in some countries in the Middle East such as Jordan and Lebanon and in India, Pakistan, and Bangladesh. Unfortunate women have become victims when their family claim that the family honour is taint due to their actions or demeanours. As a result, the male actors in the family are deem responsible to protect and cleanse the family's honour by punishing the ‘misbehaved’ female member of the family - by murdering her. Research done shows that even though such violence has been condemned and highlighted especially under CEDAW as being against the tenets of the universal protection for women, the killing still goes on. This paper will try to analyse the historical background and concept of honour killing and how Islam perceives the concept of killing in order to protect the honour. The discussion will also focus on the legal provisions and cases decided in few countries in order to evaluate the trends of the killing.