Has Shari’a Law gone too far, especially with children?, this was the question that I posed in November 2008 following the use of Shari’a law by the al-Shabaab rebel militia group in Somalia to stone to death a 13 year-old, Aisha Ibrahim Duhulow, for adultery after her father reported that she was raped by three men. The practice of Shari’a, has been under frequent scrutiny by activists across the globe, as the use of the law has often left women and girls to live in fear as law has many failings to address issues of sexual violence. Rape is often treated as that of adultery, for which traditionally the punishments for sexual relations outside of marriage are that of; death by stoning if the accused is married, 100 lashes if they are unmarried, or 80 lashes if they are accused of not being chaste which is unable to be proven. Consensual, unmarried sex is deemed as a crime in Shari’a law regardless of the ages of either party involved, despite the fact that it is seen as statutory rape for an adult male to have sex with a child of the age of 14 years old, or younger, she can still be found guilty if it is deemed that the sex was consensual. However under Shar’ia law it is often required that the crime be validated by witnesses, in the case of rape it is to be witnessed by four Muslim-Males, leaving the victim with little ability to ‘prove’ their attacks and abuse under the law.
The question on if Shari’a law has gone to far, has recently been answered with a , ‘yes’, this past week following the discovery of a cover-up of an illegal fatwa issued on a 14-year-old in Bangladesh, which resulted in her death. The young girl died from injuries sustained in a public lashing after she was found guilty under Shar’ia law of having an affair with a married man who reportedly abducted her, gagged her, beat her, and raped her. An initial autopsy report deemed the death of Hena Akhter a suicide, citing no injuries despite collapsing after sustaining 70 of the 101 lashes ordered by an Imam (CNN).
The main problem with Shar’ia law is the various interpretations of the law which is derived from a number of sources, which range from the 7th century to current times. While some Islamic states have banned the use of Shar’ia law, their use either condoned or un-condoned by the state, continue to thrive in many Islamic societies.
Discussion has been raised by many Islamic communities, however there has not been a concerted global effort to end the use of Shar’ia law or the specific aspects of the law which place children and women at harm for punishment form gender-based bias or sexual violence. International leaders, such as the UN’s Children Fund, have expressed grave concern over specific cases, such as that of the stoning death of Aisha Duhulowa, but more must be done to see the end to the end of this barbaric interpenetration and use of the Shar’ia. As we have learned throughout history we cannot simply condemn or ban such human rights violations. The solution to end such abuses will only come by raising awareness of the realities of such abuses, establishing education for all, and increasing gender equality across the globe. Until them the cries of injustice from innocent victims like Aisha Duhulowa and Hena Akhter will continue to be heard around the globe.
