Your rape culture is not my religion |
Friday, 08 July 2011 11:18 |
By Sana Saleem
That reporting a rape is an arduous ordeal is a truth that resounds globally. When braving for police investigations, enumerating the ordeal in court and damaging stereotypical media representations become a norm then the argument for a pellucid approach becomes preemptory.
Originally published by Dawn
In 2006, a much-heated debate on the Hudood Laws revealed the anatomy of rape, conflicting legalities involving misinterpretations of Shariah Laws and the deeply engrained distorted public perceptions. For those who followed the debate, there should be no qualms in admitting that it made the inherent flaws in interpretations of the law and the systematic distortion of a society sensitive to violence and abuse evident.
The women protection bill implemented later that year made it possible for a woman to convict on the basis of forensic and medical evidence. Aimed at encouraging women to report the crime, which was deterred due to the farcical ‘four witness’ rule enforced by the Hudood ordinance, the act has been strongly opposed by Jamaat-i-Islami, whose activists and leaders continue to lobby against the act.
In a recent interview to a local news channel, Munawar Hassan of Jamaat-i-Islaami had the following to say:
Anchor: Why did you vehemently oppose the women protection act?
As it becomes evident, Munawar Hasan makes up for the lack of substance in his argument by accusing the anchor of speaking against the word of God, he then goes thus far as asking the anchor to read the ‘kalima’ and declare his faith. The anchor concludes the argument by suggesting that Islamic laws pertaining to rape should be respected but in the presence of facilities such as forensic study we should not refrain from conviction.
This for me, defeats the purpose of the entire debate. Firstly because the interpretation of the Shariah law as per Munawar Hasan is neither derived directly from the Quran nor is it widely accepted. The Hudood ordinance is based on interpretations of certain scholars; it is neither a unanimously accepted interpretation nor is it logical.
Rape is a crime and criminals tend to prefer committing the crime without leaving evidence or witnesses. The idea of having four witnesses present at the time of rape is irrational and absurd. Can anyone in their right mind imagine witnessing rape and not doing anything to stop or even report it? If not by law than by conscious, would they not feel complacent? Rape is much more than forceful sex. It is a power game; it is a way to overpower the victim both physically and psychologically and derive pleasure out of it. To discourage rape victims from reporting rape is serving the predatory nature of the rapist.
Similarly, the callously flaunted idea that women use rape as a tool for popularity, fame, and money or simply to attack Islamic principles is devoid of logic. For all we know, taking a rapist to court in Pakistan can put you behind bars, after dealing with the severe moral policing of course.
The arguments and logic provided by Munawar Hasan for a vivid example of rape culture. To elaborate rape culture, it is prevalent practices by which despite the rampant increase in sexual violence, rape (and other forms of violence) is condoned, considered a norm or worse considered tolerable. The most powerful tool to propagate such a culture is through moral policing the victim and by reinforcing the ‘she was asking for it’ mindset. To validate and rationalize rape and (or) sexual violence needs a wide variety of beliefs that stem from an inherent misogynistic approach towards the social fabric.
Inconsistent application of law and moral policing the rape victim makes for a steady case for rape culture. Munawar Hasan isn’t the only practitioner and preacher of this culture, if we look at the way the accuser in
This is made much easier when done at the behest of religion and morals. The four witness rule as clear by all available translations and interpretations of the Quran is to be sought in case a woman is accused of fornication. The impossibility of four people witnessing the act was meant to make it tougher for the society to slander a woman. It is indeed heart wrenching to witness it being used to encourage violence against women and cultivate a culture of silence and shame.
I am not going to refrain from commenting on the interpretations simply because the Quran is meant and believed to be a book for guidance for all-alike — not just the scholars. Islam doesn’t preach a method of dependency, in fact the tone carried throughout the Quran addresses individuals directly, the entire concept is a spiritual and personal connection with God. Scholars are pursued to elaborate on various methods of law, but leaving them to impose their interpretations on us is faulty and damaging and works against the very principle of Islam. A faith that is threatened by introspection and one that is scared of evolution is fickle and convoluted.
Munawar Hasan is no ordinary politician; he is the Ameer of one of the oldest religious political party. For him to advocate the culture of silence and shame in the name of religion is a mockery of our beliefs. When we choose to allow scholars to use rhetoric to avoid questions we inadvertently become complacent If we choose to hold back our questions and remain silent in the face of such rhetoric we must brace ourselves to accept full liability of injustice to the victims of rape, all 2,903 of them.
Sana Saleem is Co-founder, Gaawahi.com and blogs at Global Voices, Asian Correspondent, The Guardian and her personal blog Mystified Justice. She recently won the Best Activist Blogger award by CIO & Google at the Pakistan Blogger Awards. She can be found on Facebook and tweets at twitter.com/sanasaleem. |
Last Updated on Monday, 11 July 2011 13:27 |