Middle East Quarterly Denis MacEoin Fall 2006
Islamist Ideology
While often ignored in the Western media, human rights abuses in the Islamic world are a daily occurrence. Both Muslim states and ad hoc religious courts order mutilation and execution, not only of criminals but also of individuals—mainly women—who have not committed anything which would be considered a crime in other societies. In some cases, Shari‘a (Islamic law) tribunals issue death sentences for those acquitted in regular courts.[1] In other cases, religious leaders invoke religion to sanction non-Islamic practices such as honor killings and female genital mutilation.
Original Islamic jurisprudence, however, does not necessarily mandate such severe punishments. In the early twentieth century, it even seemed that the introduction of modern legal codes in Muslim majority countries might ameliorate regular Shari‘a punishments, but in recent decades, traditionalists have pushed a back-to-basics program which has augmented application of Shari‘a punishment. Rather than modifying Islamic practice, many self-described Islamist reformers make matters worse by advocating retrenchment rather than reform.
Unjust Punishment
Many of the crimes for which death is mandated involve sex or honor. While capricious application of Shari‘a punishment is common throughout Muslim majority countries and communities, since the fall of the Taliban and because of the activity of Iranian journalists and bloggers, many of the specific examples which are known in the West come from Iran.
On August 15, 2004, 16-year-old Ateqeh Rajabi, was hanged in public in the northern Iranian town of Neka. Her crime was to have sex with her boyfriend. She had no lawyer, nor could her family find one willing to defend her. The capriciousness of the judge rather than a strict interpretation of the Qur’an contributed to her death. She had talked back to the judge, Haji Reza’i, who later remarked that he would not have ordered her execution had it not been for her “sharp tongue.”[2]
In December 2004, Leyla, a 19-year-old girl with a mental age of eight, was sentenced to death for “acts contrary to chastity.” The sentencing judge ordered her to be flogged before execution. Her situation was lamentable. When she was eight, her mother forced her into prostitution, letting her be raped repeatedly. She was later sold as a temporary wife (mut’a, sigha), legal in Twelver Shi‘ite law which allows temporary wives to be contracted for set periods ranging from one hour to ninety-nine years. Thirteen-year-old Zhila Izadi also received a death sentence—later commuted—after being impregnated by her older brother.
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