Jagannath University Journal of Arts, Volume:03, Number 01, January-June2013(P107-127)

Violence against women in Bangladesh: An Islamic overview

Tareque Bin Atique

[AbstractThe present study is encompassing mainly domestic violence,dowry-related violence, rape, acid attack, and eve-teasing.Nowadays violence against women has become one of the severestproblems of Bangladesh. “Bangladesh stands second in the world interms of violence against women in different forms like womenbattering, wife-beating, domestic and dowry-related violence,acid attack, rape, physical and verbal harassment, fatwa, sexualharassment in the workplace, trafficking and prostitution,polygamy and child abuse” (The Independent 12 June 2002).Violence severely infringes the freedom and right of mobility ofa woman. It has reached to such an alarming situation that manywomen committed suicide in the recent years due to violenceagainst women. Lastly, it also emphasized on the Islamic moralresponse for ensuring women honor, dignity and rescuing the womenfrom ill-conduct. This article focuses on the issue of violenceagainst women in Bangladesh with Islamic response.]Keywords: Domestic violence, Acid attack, Eve teasing, woman,Bangladesh, Islam,

IntroductionViolence against women and girls continues to be a globalepidemic that kills, tortures, and maims – physically,psychologically, sexually and economically.1 Even though mostsocieties proscribe violence against women, the reality is thatviolations of women’s human rights are often sanctioned under thegarb of cultural practices and norms, or throughmisinterpretation of religious tenet.2 It has become a regular

Lecturer, Department of Islamic Studies, Jagannath University, Dhaka-1100

feature of almost all households and shapes every aspect ofwomen’s and girls’ lives: their health, their livelihoods, theiraccess to social and cultural resources, and their educationalopportunities. Violence against women is recognized as a serioushuman rights violation and a pervasive public health problem thatconcerns all sectors of society. Irrespective of a nation’s levelof development, women are susceptible to exploitation, oppressionand other types of demeaning violence from men in all societieswhere cultural norms, tradition and the legal system endorsewomen’s subordination to men. In the South Asian Region, violenceagainst women begins long before they are born and continuesthroughout their lives. The lives of unborn girls are terminatedthrough sex-selective abortions. Every sixth death of a femaleinfant in India, Bangladesh, and Pakistan is due to neglect anddiscrimination.3 In the Region, females face restrictions inmobility, usually have less to eat than their male counterparts,are denied proper education and health care, are often forcedinto early arranged marriages, have few opportunities foremployment and are underrepresented in the governments. All toofrequently women are targets of extreme forms of aggression suchas incest, rape, public humiliation, trafficking, acid attacksand dowry deaths.4 Violence against women is a common andinsidious phenomenon in Bangladesh. Newspaper reports in thecountry clearly indicate that the prevalence of violence againstwomen is very high.

ViolenceThe Concise Oxford Dictionary defines violence as an unlawfulexercise of physical forces.5 It confines violence to the use ofphysical force. It is characterized by an intentional attempt todo serious physical harm to the victim. Violence also preciselypresented as behavior by people or against people liable to causephysical or psychological harm.6 The World Health Organization(WHO) has identified violence in a broader sense as, “Theintentional use of physical force or power, threatened or actual,against oneself, another person, or against a group or communitythat either results in or has a high likelihood of resulting ininjury, death, psychological harm, mal-development ordeprivation.” 7 This definition views violence as an act carried

out with the intention or perceived intention of causing physicalpain or injury to another person. The physical pain can rangefrom slight pain, as in a slap, to murder. However, Ramazanogluin dealing with the phenomena concentrates on the insults, leers,sneers, jokes, patronage, bullying, vocal violence, and sexualharassment, which are the common experiences of working women.8

Therefore, Violence is aggressive behavior that may be physical,sexually or psychologically abusive. The aggressive behavior isconducted by an individual or group against another or others.Physically abusive behavior, is directly or indirectly ill-treats, injures, or kills another or others. Psychologicallyabusive behavior is verbal attacks, threats, tease, mocking,shouting, boycott and malicious rumors. Sexually abusive behavioris sexual assault or rape.

Concept of Violence against women Former UN Secretary General K. Annan, in a video conference onviolence against women, stated that “Violence against women isperhaps the most shameful human rights violation. And it isperhaps the most pervasive. It knows no boundaries of geography,culture or wealth. As long as it continues, we cannot claim to bemaking real progress towards equality, development, and peace inthe world”.9 Violence against women is the direct expressions ofthe power imbalance between men and women. One in three womenwill experience violence in her lifetime. Her experience willdeprive her of human rights, put her at risk of mental andphysical health problems and potentially trap her in poverty.10

The United Nations development for women (UNIFEM) considers that“Gender-based violence provides a new context for understandingviolence against women because it reflects the unequalpower relationship between women and men in society.”11 To othersviolence against women, broadly defined, should involve the useof force/coercion with an intention of perpetuating/promotinghierarchical gender relations in all social structures.12 Itwould also include any violation of a woman’s basic rights ongrounds of gender as an act of violence. In response to theseconcerns, the UN General Assembly defined violence against womenas “... any act of gender-based violence that result in, or islikely to result in, physical, sexual and psychological harm or

suffering to women, including threats of such acts, coercion orarbitrary deprivation of liberty, whether occurring in public orin private life”.13 Moreover The Council of Europe states that"violence against women' is understood as a violation of humanrights and a form of discrimination against women and shall meanall acts of gender-based violence that results in, or are likelyto result in, physical, sexual, psychological or economic harm orsuffering to women, including threats of such acts, coercion orarbitrary deprivation of liberty, whether occurring in public orin private life."14

Prevalence of various types of violence against women inBangladeshSupremacy and subordination by males over females are the commonfeature in Bangladesh. In this society woman’s status, dignity,honor, and power etc. are generally determined and dominated bymales. In Bangladesh, various kinds of violence are faced bywomen, such as domestic violence, dowry violence, rape, acidviolence, illegal fatwa, sexual violation, and harassment etc. Itis important to get a general idea of the nature, trends, anddimensions of violence against women in Bangladesh. The followingtable lists the types and trends of violence in Bangladesh. Thistable is redrawn taking data from Ain O Salish Kendra (ASK) andOdhikar covering a 9 year period from 2004 to 2012. It may bementioned that ASK has collected and compiled data from a numberof national dailies (both Bengali and English).

Table-1: Violence against Women: Types and TrendsYear Types of violence

Domesticviolence

Dowryrelatedviolence

Rape Gangrape

Acidattack

Eve-teasing

2004 264 352 618 359 2282005 333 356 585 250 1302006 301 334 515 226 1422007 283 294 436 198 95

2008 312 296 486 127 802009 281 286 446 199 632010 397 395 626 290 153 2162011 195 497 711 239 101 672 2012 533 822 805 197 105 479

Source: Redrawn from Ain O Salish Kendra (ASK) DocumentationUnit, 2011 and Odhikar, 2012Table-1. We see that the figure for domestic violence was 264 in2004 while 533 in the year of 2012, which shows increasing trend.The Table shows the similar trend in case of dowry-relatedviolence and single rape. According to Odhikar’s statistics, in2012 at least 805 women were raped (13% more than in 2011), 822were victims of dowry violence (59% more than in 2011), 78 werevictims of acid violence (16% more than in 2011). In 2012, 13women were raped by law enforcement agencies whereas, in 2011,four women were raped by them. In a traditional value dependentsociety like Bangladesh, many incidents of violence against womenare not reported to the police or in the media. Those women whoare experiencing or have experienced domestic violence in thepast are likely to be fearful or embarrassed to talk about theirexperiences. Often victims or victims’ families do not want tomake such incidents public because of social stigma.15

Acts of violence against women in Bangladesh In Bangladesh, women become subject to different forms ofviolence like sexual harassment, sexual assault including rape,murder and domestic violence, dowry-related violence, acidthrowing, trafficking and kidnapping, wage discrimination andsocial discrimination etc. A number of steps have already beentaken to improve the situation of women. Apart from ‘The PenalCode, 1860′, we have many other Laws that have been enacted toprovide punishment to the offenders and protect women fromviolent acts. We have ‘The Prevention of Repression against Womenand Children (Amendment) Act, 2003′, ‘The National Human RightsCommission Act, 2009′, ‘The Acid Control and Acid CrimePrevention Act, 2010′, ‘The Guidelines of the High Court

Division’ passed in 2009′ (The High Court Bench directed thegovernment to make a law on the basis of its guidelines; untilthat happened, its guidelines would enjoy the status of Law),‘The Dowry Prohibition Act, 1980′, ‘The Domestic Violence(Prevention & Protection) Act, 2010′, ‘The Pornography ControlAct, 2011′, ‘Human Trafficking Deterrence and Suppression Act,2012′. Besides, Bangladesh is also a signatory to manyInternational Conventions designed to protect women and theirrights.16

1 . Domestic Violence Against Women and Girls 2000, A Digestbuilds on research carried out by the UNICEF, p. 2

2 . Ibid.3 . Oxfam International, Towards ending violence against women in South

Asia (Oxfam briefing paper), United Kingdom: Oxford International,August 2004.

4 . Tania Wahed & Abbas Bhuiya, Battered bodies & shattered minds:Violence against women in Bangladesh, Indian J Med Res, October 2007,p. 341-354

5 . Lokanath MISHRA,Violence In Secondary Schools Of Odisha:Parental Perception, Sakarya University Journal of Education, 3/3(Aralık /December 2013), p-38

6 . Gulbenkian Foundation, Children and violence. London: CalousteGulbenkian Foundation.1995

7 . WHO 2002, World report on violence and health: summary, World HealthOrganization, Geneva.

8 . C. Ramazanoglu, “Sexual Politics of academic life”, In J.Hanmer and M. Maynard (Eds.), Women, Violence and Social Control,London : Macmillan Press, 1987, p. 5

9 . K. Anan, 'A World Free of Violence against Women', United NationsInter-Agency Global Video Conference, 8 March1999

[www.unifem.org/gender_issues/violence_against_women/facts_figures.php.]

10 . http://www.amnesty.org.uk/violence-against-women.11.http://www.irinnews.org/in-depth/62814/20/our-bodies-their-battle-ground-gender-based-violence-in-conflict-zones. AFRICA-ASIA: Gender-based violence: A silent, vicious epidemic

Islamic attitude towards violence against women

1. Domestic Violence and its FormsGenerally, domestic violence means dowry-related violence, childmarriage, marital rape or violence, verbal abuse, harassment,humiliation and physical torture.17 UNICEF includes differentforms of abuse and exploitation in defining domestic violenceperpetrated by intimate partners and other family members-“Physical abuse such as slapping, beating, arm twisting, stabbing,strangling, burning, choking, kicking, threats with an object orweapon, and murder.18 Due to patriarchy and in the absence ofadequate empowerment situation of women, domestic violence by menagainst women is a common phenomenon in Bangladesh both in ruraland urban areas. It is more pronounced among the poorer and12 . APWLD, My Rights, Who Control?, Asia Pacific women’s issues, Law and the

Development Process, Asia Pacific Forum on Women, Law andDevelopment, Kualalampur, 1990.

13 . United Nations, Declaration on the Elimination of Violence against Women,1993. (In 1993 the UN General Assembly put forward acomprehensive definition of violence against women. Theresulting Declaration on the Elimination of Violence againstWomen was duly adopted by the Assembly members and is by nowwidely used.)

14 . Council of Europe, Convention on preventing and combating violenceagainst women and domestic violence, (Chapter-I : Purposes,definitions, equality and non-discrimination, generalobligations) 2011, p. 8

15 . A. Hamida Begum, “Combating Domestic Violence Through Changing Knowledge and Attitude of Males : An Experimental Study in Three Villages of Bangladesh.” Empowerment, 2005, p. 53-74

16 . “Violence against women: Time to renew the old thoughts”,The Daily Star, Saturday, March 16, 2013.

17 . A. Hamida Begum, Op. Cit., p.53-7418 . Asma Begum & Shiplu Kumar Dey. “Domestic Violence against

Women in Bangladesh : A Critical Over view”, The ChittagongUniversity Journal of Law, Vol. XVIII, 2013, p. 105 -129F

relatively less educated class. Generally, these types ofviolence against women are done by the males. During the periodof 2008 to 2010, there were 626 cases victims of murder by thehusband while 82 became victims of physical and mental torture bythe husband. Due to unbearable physical and mental torture, 62committed suicide. It is also important to note that out of 626victims who were murdered by the husband, only 309 cases arefiled against the offenders’.19 Looking at domestic violence, inparticular, the UNFPA's The State of World Population for 2000 foundthat 47 percent of adult women in Bangladesh reported physicalabuse by their male partners. A research project on women's riskof experiencing domestic violence in two towns in ruralBangladesh found that 47 percent of women in the community ofSirajgonj and 39 percent of women in the community of Jessorereported having been physically abused by their husband or hisfamily.20

Islam, as the final message from Allah to mankind, came to lightin a brutal and cruel environment. Violence was a common practicein Arabia and around the world at that time. The weak and needy,orphans and widows, and slaves and servants had no defined rightsin such a world. Islam came with the message of revolution forestablishing justice and mercy in the heart of a cruel world andprohibiting any oppressive behavior. The Qur’an emphasizes thatall people are created equal in worth and value regardless ofrace, ethnicity, gender or class. The Qur’an states,

“O mankind! Reverence your Lord, who created you from asingle soul, and created, of like nature, its mate, and from

19 . Kazi Tobarak Hossain and Md. Saidur Rashid Suman, “Violenceagainst Women : Nature, Causes and Dimensions in ContemporaryBangladesh”, Bangladesh e-Journal of Sociology, Volume 10 Number 1,January 2013, p. 81

20 . International Family Planning Perspectives, New York, September 2003,Vol. 29, No. 3. "In Bangladesh, Women's Risk of DomesticViolence is Linked to Their Status."[http://www.agiusa.org/pubs/journals/2914703a.html]

them twain scattered (like seeds) countless men and women;reverence Allah, through whom ye demand your mutual(rights), and (reverence) the wombs (that bore you), for Godever watches over you.” 21

Islam is a disciplined and peaceful system of life. Islaminstructed the people to engage in relation to harmoniousdevelopment of body, mind, and soul. Marriage in the Islamiccontext is a means of tranquility, protection, peace and comfort.Allah says:

And among His signs is this: He created for you mates fromamong yourselves, that ye may dwell in tranquility withthem, and He has put love and mercy between your (hearts):Verily in that are signs for those who reflect.22

Furthermore, the Qur’an considered men and women to be partnersof each other. Al Quran makes it clear that men and women bothhave a mutual obligation to enjoin what is right and forbid whatis evil. Allah says:

The Believers, men, and women, are protectors of one ofanother (awliya’): they enjoin what is just and forbid whatis evil: they observe regular prayers, practice regularcharity, and obey Allah and His Messenger. On them willAllah pour His mercy: for Allah is exalted in power, wise. 23

21 . وا اهلل� ق� ��ساء وات �را ون ي� ث� الا ك �هما رج ن� �ث�� م ها وب �وج ها ر� ن� لق� م �دة� وج س واج ف� �ن0 ت م م ك لق� �ي� ج د� �م ال ك �ب8 وا ر ق� ��اس ات ها الن�� � ي�8 ا ا< � با �ن ي@ �م رق ك لن� ان0 ع ك ن�0 اهلل� Gام ا رج ه والا< �ون0 ب ساءل �ي� ن د� � ال

Al-Qu’ran, Surah An-Nisa 4 : 1رون0 .22 ك� ق� ت� �وم ي ق� ل ات� ب�8 Tلا Uك ل ي� ذ� ن�0 ف� Gمه� ا ة� ورح وذ� م م ك ن� ي@ cعل ب �ها وج ن� ل Gوا ا ن� سك ت� ا ل �واج ر� م ا< سك ف� �ت ن0 ا< م م ك لق� ل �ن0 ج ه ا< ب�8 ا ب�8 Tن0 ا وم Al-Qu’ran, Surah Ar-Rum 30 : 21ون0 .23 ن� م مو< ات�m وال ن� م مو< همm وال عض� �اء ت ن� ول ا< عض� �مرون0 ت ا< � ب معروف� ال �هون0 ب ن� � وي ن0 ر ع ك من� مون0 ال ي� ف� @لاة� وت ون0 الص� ت�8 و< ت�8 اة� و ك عون0 الز�� ت� ط � وي

وله اهلل� كU ورس ن< ول مهم ا< رح سي� ن�0 اهلل� Gا ي��ر� اهلل� ر� م ع كي� جAl-Qu’ran, At-Taubah 9 : 71

Islam condemns any form of domestic violence. Once a numberof women came to the prophet(SM) to complain that theirhusbands had beaten them. The prophet announced that men whobeat their wives are not good men. The prophet also said,“Do not beat the female servants of Allah.” 24 Once theProphet (S.M) was asked what are the obligations of husbandstoward their wives. He replied: Feed her when you eat, andprovide her clothing when you provide yourself. Neither hither on the face nor uses impolite language when addressingher.25 The prophet equated perfect belief with goodtreatment to one's wife when he said, “The perfect believeris one who is the best in courtesy and amiable manners, andthe best among you people is one who is most kind andcourteous to his wives.” 26 Finally, the prophet, the bestexample of conduct said, “The best among you is the one whotreats his family best.”27

Clarification on Controversy of Quranic interpretation

A controversy arises in the misinterpretation of Surah An-Nisa 4,Verse 34 of the Qur'an surrounding domestic violence. Generallythe meaning of Verse 34, Surah An-Nisa 4: But those [wives] fromwhom you fear arrogance [first] advise them; [then if theypersist], forsake them in bed; and [finally], strike them. But ifthey obey you [once more], seek no means against them. Indeed,Allah is ever Exalted and Grand."

The verse uses the imperative 'Idribuhunna" ( وهن0 �رت8 derived from (اض�the word "daraba" ( �رت �mmض) which is almost literally translated as'beating'. The confusion over the words "daraba" ( �رت �mmmmmmmmض) and

"nushuz" ور� ش� �-have led to distorted interpretations of Surah An) (نNisa 4, Verse 34 of the Qur'an. Traditionally, the word "daraba"has been translated as "to strike" or "to beat", whichcontradicts many chapters in the Qur'an. The confusion existssince "daraba" has over 25 meanings, which change based on

context. An intersexual and historical analysis of the wordindicates that "daraba" means "to go away from". Scholars fromthe Global Muslim Women's Shura Council have noted, "while noother passages (in the Qur'an) support the 'beating'interpretation of 4:34, there are other passages that support the'distancing' or 'going away from' meaning." 28 In result, manyscholars translate and interpret 4:34 in the following way, "Butthose whose resistance you fear, then admonish and abandon them in their sleepingplace, then go away from them." 29

ن0 .24 اسm ع ب�� Gا ن0 �د ب �ن ع اهلل� ن0 �ي� ب �ب8 ، ا< �ات �ب� ال ذ� �ال: ق �ول ق رس ي اهلل� ل� ه الله ص لي� م: لا ع ل� وا وس �ت8 ر ض� �اء ي م Gا اهلل�Ali ibn sultan Muhammad al kari, Mirkatul mafatih sharhe Mishkatul

masabih, kitabun Nikah, Babu Isratin Nisai wama likulliwahidimmina hukuk, Masalah3261, Darul Fikri,2002.

25 ا . ذ� Gطعمها ا �ن0 ي ال : ا< �ه ؟ ق ا علي� �جدب ه� ا< �وج ا رسول الله ما حق� ر� �: ب لث� �ال ق �ه ق ي� cي� ي�ري� عن0 ا< ش� ه� الف� �ن0 معا وب �م ب عن0 جكي�ت� ي� cيي� ال لا ف� Gر ا�هج �ح ولا ي �ب ف� �ه ولا ت �رت� الوج ض� �ت� ولا ي سي� ا اكت� ذ� Gا اكشوه � طعمت� وبAli ibn sultan Muhammad al kari, Ibid., kitabun Nikah, BabuIsratin Nisai wama likulli wahidimmina hukuk, Masalah3259Darul Fikri,2002.

26 هم . >اي mmس ت� م ل mmرك ي� م ج� mmرك ي� ا، وج� mmلق� �هم ج ن� mmس ح ا ا< mm�ماب ي�� Gي@ن0 ا ن� م و< mmمل ال mmم ك رة� عن0 «ا< ��mmي ي� هر �ب8 ها< �mmليلي اللmmه ع mmه صmmلول ال mmال رس �mmال ق �mmقوسلم

Abu Yi’sa Muhammad ibn Yi’sa al-Tirmidi, Al-Jami’ al-Tirmidi, Saudi Arab : Darus Salam, 2000, kitabur Rida’h, Chapter on theobligations of a man to his wife. Hadith no-1162

27 اس عن0 . �ن0 عن �هلي�اب ركم لا< ي� ا ج� ب�8 هله وا< ركم لا< ي� ركم ج� ي� ال ج� �ه وسلم ق ي� صلي الله علي� �ب عن0 الي� Abu Abdullah ibn Majah, Sunane Ibn Majah, Translated by

Muhammad Musa, Dhaka : Adhunik Prokashoni, 2001, part-2,chapter- Marriage, p. 412

Similar to the unclear interpretation of daraba in 4:34, the word

nushuz( ور� ش� �"has often been incorrectly translated as "disloyalty ( نor "disobedience". However, in other sections of the Qur'an,particularly in reference to men, the word is interpreted as "toget up" or " leave the marriage". Nushuz can also be associatedwith the husband.  Thus, if a wife fears it from her husband,steps may be taken to remedy this situation.30 Therefore,this notion of one-sided "obedience" from a wife to a husbanddoes not exist in the verse. Correct interpretations of the wordsdaraba and nushuz are in agreement with the general notions ofnon-violence in marital relationships in the Qur'an. Therefore,this notion of one-sided "obedience" from a wife to a husbanddoes not exist in the verse. Correct interpretations of the wordsdaraba and nushuz are in agreement with the general notions ofnon-violence in marital relationships in the Qur'an. The Qur'anis very clear on this issue. Almighty Allah says:

Men are the protectors and maintainers of women, becauseAllah has given the one more strength than the other, andbecause they support them from their means. Therefore therighteous women are devoutly obedient and guard in thehusband's absence what Allah would have them to guard. As tothose women on whose part you fear disloyalty and ill-conduct, admonish them (first) , (next), refuse to sharetheir beds, (and last) then go away from them; but if thewife wants to get up the marriage", seek not against themmeans (of annoyance); for Allah is most High and Great(above you all). If you fear a breach between them twain,appoint (two) arbiters, one from his family and the otherfrom hers. If they wish for peace, Allah will cause their

28 . The Global Muslim Women's Shura Council, “DomesticViolence: A Violation of Islam.” The American Society for MuslimAdvancement, 2012 [http://www.wisemuslimwomen.org/pdfs/shura_council_domestic_violence_digest.]

29 . Ibid, p. 830 . Ibid.

reconciliation; for Allah has full knowledge and isacquainted with all things.31

Therefore, contemporary researcher Abdul-Hamid Abu Sulayman notesthat the most accurate understanding of the term daraba in verse4:34 does not mean “beat”, but rather the temporary separation ofa husband from his wife.32 The Prophet made countless statementsthat are codified in Hadith, where he advocated for absoluterespect and rights for women. In Sunnah Abu Dawud, it is recordedthat he proclaimed, "Never beat Allah's handmaidens." 33 Muhammad(SM)also stated that ""The best of you is the one who is best to his wife, and I am thebest of you to my wives."34 On several occasions when the Prophetdisagreed with his wives, he followed the directions of Sura anNisa 4, Verse 34, and stayed away from his wives, rather thanimplement physical discipline. After carefully analyzing allseventeen instances in which the Qur’an uses the term daraba, we

31 ات� . ن� ي8´ ا �ات� ق ح ال الص� �هم ق وال م ن0 ا< وا م ق� ق� �ت ما ا< �ي� و عض� �لي ت هم ع عض� � ت ل اهلل� ص�� �ما ف �ساء ي لي الت�� ون0 ع ام و� ال ق� �ج الز�ن0 Gا �ن�0 ق وه �ت8 ر ع واض� �اج مص� ي� ال ن�0 ف� روه �ج ن�0 واه وه عط½ �ن�0 ف ه ور� ش� �ون0 ن اق� ح� �ي� ت � ب� ا والل� اهلل� ظ½ ف� ما ج �ت� ي ي� لغ� ات� ل ظ½ �اف ج

را ي� cث ا ك � لن� ان0 ع ك ن�0 اهلل� Gلا ا ن� cي هن�0 س لن� وا ع ع� �ت Åلا ي �م ق ك غن� ط ن0 ا< Gلها ا ه ن0 ا< ما م ك له وج ه ن0 ا< ما م ك وا ج غن� �ات �هما ق ن� ي@ cاق� ب ق� �م س ي� ف� �ن0 ج Gوارا ي� cث �ما ج لي� ان0 ع ك ن�0 اهلل� Gهما ا ن� ي@ c ب اهلل� ق� وق�� �ا ت لاج ص Gدا ا ب�� ر � ي

Al-Qu’ran, Surah An-Nisa 4 : 34-3532 . A. Abdulhamid Abu Sulayman, Marital Discord: Recapturing the Full

Islamic Spirit of Human Dignity, London: The International Institute ofIslamic Thought, 2006, p 19

ا طعمت� .33 ذ� Gطعمها ا �ن0 ي ال : ا< �ه ؟ ق ا علي� �جدب ه� ا< �وج ا رسول الله ما حق� ر� �: ب لث� �ال ق �ه ق ي� cي� ي�ري� عن0 ا< ش� ه� الف� �ن0 معا وب �م ب عن0 جكي�ت� ولا سي� ا اكت� ذ� Gا اكشوه �ت� وب ي� cيي� ال لا ف� Gر ا�هج �ح ولا ي �ب ف� �ه ولا ت �رت� الوج ض� � ي

Abu Daud Sulaiman Asha’s, Sunan Abu Dawud, Kanpur:Al-Matba’al-Majidi, 1375Hijri. Kitabun Nikah, Babun fi hakkimarati ala jawjiha, Hadith no-2140

34 اس عن0 . �ن0 عن �هلي�اب ركم لا< ي� ا ج� ب�8 هله وا< ركم لا< ي� ركم ج� ي� ال ج� �ه وسلم ق ي� صلي الله علي� �ب عن0 الي� Abu Abdullah ibn Majah, Sunane Ibn Majah, Op. Cit., part-

2, chapter- Marriage, p. 412

found that the general conception of the root word daraba in theQur’an means to separate, to distance, to depart, to abandon andso forth. Thus, we can conclude, "based on his actions, theProphet(SM) interpreted (verse) 4:34 to mean 'go away from' not'beat'."

2. Dowry related violenceAccording to Janet E. Jackson, the former deputy representativeof the United Nations Population Fund (UNFPA) to Bangladesh,Bangladesh ranks fourth among the world's nations with violenceagainst women. Jackson observed that "sixty-five percent ofBangladeshi males think it is justifiable to beat up their wives,38 percent have no clear idea what constitutes physical violenceand 40 percent support keeping women socially dormant.35 Dowry36

related violence is a common feature in Bangladesh, affecting thelives of many women. The practice of dowry demand (Joutuk) is notgenuinely rooted in Bengali Muslim tradition, but has emerged asa major social evil in recent years. It is being practicedunabated, mostly in rural areas of Bangladesh. The repeateddemand for dowry makes the lives of many married women miserableand vulnerable to violence. It is found that the refusal toprovide dowry; in many cases is the consequences of seriousphysical abuse, death or provokes women to commit suicide. Dowryviolence is a form of domestic violence. The husbands’ or in lawsunlimited greed make the bride and her family vulnerable. Asurvey by the Bangladesh Human Rights Organization, andBangladesh Women Lawyers Association revealed that in 2001, therewere 12,500 cases of women repression, in 2002 the figure rose to35 . Human Rights Report 2012/Odhikar.36 . Generally dowry means the property that the bride’s family

gives to the groom or his family upon marriage. However, inBangladeshi law, dowry has been given an extended meaning.Dowry’ means money, goods or any property which has been givenor agreed to give to the bride-groom or his father or motheror any person on his behalf, directly or indirectly, at thetime of marriage or before marriage at any time after marriagein condition with the smooth continuation of marital life.[Source: Prevention of Women and Child Repression Act 2000 ofBangladesh.]

18,455 and in the year ending in 2003, the figure climbed to22,450. According to Odhikar: Between January and December 2012,822 females were subjected to dowry related violence. Among them,four were under-aged brides. Of these women, it has been allegedthat 273 were killed because of dowry, 535 were ill-treated invarious other ways and 14 committed suicide over dowry demands.37

Dowry is strictly prohibited in Islam; no Islamic country hasdowry system. In Bangladesh it came from our neighboring Hindusociety. Now it’s so infectious for us that it’s very hard for usto come out from it. In Islam, women are not 'owned' by theirfamilies and should not be traded with in this manner. It is aninsulting practice. In the age of ignorance (Ayyame jahiliyah )before Islam, this money was regarded as the property of thegirl's guardian. The practice of dowry among ignorant Muslims isa result of the influence of the evil practices of the societythey live in. Islam does not put any financial burden on thefather of the girl. Taking anything without consent is sinfuldeed. Allah says:

And eat up not one another's property unjustly (in anyillegal way e.g. stealing, robbing, deceiving, etc.), norgive bribery to the rulers (judges before presenting yourcases) that you may knowingly eat up a part of the propertyof others sinfully. 38

Furthermore, al Qur’an indicates to warning with severepunishment to ill conductor in taking dowry. Allah says:

O you, who have believed, do not consume one another'swealth unjustly but only [in lawful] business by mutualconsent. And do not kill yourselves [or one another].Indeed, Allah is to you ever Merciful. If any do that inrancor and injustice, soon shall We cast them into the fire.39

37 . Human Rights Report 2012/Odhikar.38 م . ي� ي�8 م وا< �ث Gالا mmm�اس ب mmmن��وال ال mmmم ن0 ا< ا م mmmق� ت�� �ز لوا ف ك� ا< mmmن� ام ل mmmك� ح لي ال Gا ا mmmه �وا ي دل mmm�8ب ل و mmmاط �ن ال �م ب ك ن� ي@ cم ب ك وال mmmم لوا ا< ك� ا< mmm�ولا ب

علمون0 �ت Al-Qu’ran, Surah Al-Baqarah 2 : 188

Instead of dowry, there is a concept of dower or mahr40 inIslam. In Islam, women have the right to a fixed portion of theirparental property. The Qur’an says, “And gives women their mahras a free gift, but if they of themselves be pleased to give upto you a portion of it, and then eat it with enjoyment and withwholesome result.”41 Even without giving mahr, marriage is notacceptable in Islamic shariah. The Encyclopaedia of Islam's entryon mahr states: "According to a tradition in Bukhari, the mahris an essential condition for the legality of the marriage:'Every marriage without mahr is null and void' 42

3. Rape & sexual violenceRape is one of the most brutal forms of violence against women inBangladesh. In a culture that holds a woman's chastity sacred,rape crimes are particularly injurious to a woman's self-identityand social future as well as her physical and psychologicalwellbeing.43 Rape cases in Bangladesh remain largely unreportedbecause of the social stigma and loss of family honor. InBangladesh, not only must a woman endure having experienced such

39 وا . mmل ن� ف� �م ولا ت ك ن� م ن0 ي�mmراض� ارة� ع mm �ح �ون0 ت mmك Åن0 ب ا ا< ل� Gل ا mmاط �ن ال �م ب ك ن� ي@ cم ب ك وال mmم لوا ا< ك� ا< mm�وا لا ب mmن� م Tن0 ا ب�� د� mm�ا ال mmه ي��8 ا ا< mm� ب لي اهلل� كU ع mmmل ان0 ذ� mmmارا وك mmm�ه ب لي� mmmص �وف� ي mmmش �ا ف mmmلم ½ا وط �دواب mmmكU ع mmmل ل ذ� mmmع ق� �ن0 ت ا وم mmmم ي� م رح ك �ان0 ب mmm ك ن�0 اهلل� Gم ا ك mmmس ف� �ت ا<

را شي� @ ن Al-Qu’ran, Surah An-Nisa 4 : 29-3040 . Mahr is a kind of gift which is given by the bridegroom to

the bride at the time of marriage or afterwards.41 ا . ن< �Ôي ا مر ن< ي@ ن� لوة ه ك �سا ف ف� �ه ت ي� ء م ي� ن0 ش� م ع ك ن0 ل �ب ن0 ط Gا �له� ق ح �هن�0 ت �اي �دق ساء ص وا الت�� �Ùت Tوا Al-Qu’ran, Surah An-Nisa 4 : 442 . M. Th Houtsma, E.J. Brill's First Encyclopaedia of Islam, 1913-1936.

BRILL. p. 137. ISBN 978-90-04-08265-6. 31 December 1987.Retrieved 7 June 2012.

43 . "Violence against women: a statistical overview,challenges and gaps in data collection and methodologyand approaches for overcoming them": UN Division for theAdvancement of Women in collaboration with: EconomicCommission for Europe (ECE) and World Health Organization(WHO), 14 April, 2005 Geneva Switzerland. p.1

a heinous crime, but also must deal with social repercussions ifshe were to report such an act. Recently, falling victim to rapealso seriously endangers the woman’s life, as more and moreperpetrators are also physically torturing or even murderingwomen after the fact, and incidents of gang rape appear to be onthe rise. 44 Table 2: Rape statistics January-September Ain O Salish Kendra (ASK)

Documentation Unit, 2013Types/Age

0-6

7-12

13-18

19-24

25-30

30+ Ageisnotreported

Total

murder

Suicide

Filed

Attemptto rape

5 8 2 1 1 149 166 4 78

Singlerape

48

77 53 11 1 2 279 471 22 9 266

Gangrape

1 15 25 8 1 9 148 207 25 3 126

Rapetypesnotreported

- 2 6 2 1 3 10 18 12

Total 54

102 86 22 3 15 586 868 482

Rapefollowed bymurder

2 12 12 07 2 7 27 69 29

Suicide 5 1 2 4 12 5

44 . U.N. Div. for the Advancement of Women, ViolenceAgainst Women: A Statistical Overview, Challenges andGaps in Data Collection and Methodology and Approachesfor Overcoming Them, 2005, [available athttp://www.un.org/ womenwatch/daw/egm/vaw-stat-2005/docs/expert-papers/Farouk.pdf]

due torape

Source: Redrawn from Ain O Salish Kendra (ASK), Documentation Unit,2013, January-September. 45

In table 2 shows that out of total 868 in 2013, a large number ofsingle rape cases (471) occurred while a significant number ofgang rapes (207) were also committed during the period of2013 inJanuary-September. We also observe that out of total number ofvictims (868), 69 cases were rape followed by murder and12 casescommitted suicide.

Islam views human life as a sacred gift from Allah. The Qur’anrepeatedly stresses the sanctity of human life. The life of everysingle individual regardless of gender, age, nationality orreligion is worthy of respect. In verses referring to the

sanctity of life, the term used is ‘س ف� �(soul); and there is no ’تdistinction made in that soul being young or old, male or female,Muslim or non-Muslim. Al-Qu’ran states that: "Do not take any humanbeing's life, (the life) which God has declared to be sacred - otherwise than in (thepursuit of) justice: this has He enjoined upon you so that you might use your reason." 46

According to Islam, a woman has to be respected and protectedunder all circumstances. In the last address to his community,the Prophet(SM) said: "Your lives and properties are forbidden toone another till you meet your Lord on the Day of Resurrection…Regard the life and property of every Muslim as a sacred trust…Hurt no one so that no one may hurt you... You will neitherinflict nor suffer any inequity." 47 The Prophet (SM) did notprohibit only the unlawful encroachment of one another’s life andproperty, but also honor and respect. Islam has restricted peopleeven to go to nearness to Zina. All immoral relationships havebeen forbidden to him, irrespective of the status or position ofthe woman, whether the woman is a willing or an unwilling partnerto the act. The words of the Holy Qur’ân in this respect are: “Donot approach (the bounds of) adultery, Indeed, it is ever animmorality and is evil as a way’.48

Islam strictly prohibited the rape and also confirmed thepunishment of rape. According to Islamic Shariah the rapist issubject to the hadd punishment for zina49 and oppressed womenwould be free if adultery (rape) is proven with force.50 Allahalso announced mercy for the oppressed women who are raped byrapist male person with force. Allah says:

Don’t force your maids to prostitution when they desirechastity, in order that ye may make a gain in the goods ofthis life. But if anyone compels them, yet, after suchcompulsion, is Allah, Oft-Forgiving, and Most Merciful (tothem).51

During the time of the Prophet (SM), punishment was implementedon the rapist on the solitary evidence of the woman who was rapedby him. Hazrat Alkama ibn Wa'il Al Kindi reports from his fatherof an incident when a woman was raped. Later, when some peoplecame by, she identified and accused the man of raping her. Theyseized him and brought him to Allah's messenger, He said to thewoman, "Go away, for Allâh has forgiven you," but of the man whohad raped her, He said, "Stone him to death." 52 Islamic legalscholars considered rape as a crime in the category of Hiraba. ((

ه� �mmmmرابand jiraha 53ح راجmmmmه� �((ح 54Rape as hiraba is a violent crime thatuses sexual intercourse as a weapon. Taking by force some one’sright to control the sexual activity of one’s body is thuslogically classified as a form of hiraba.55 The focus in a hirabaprosecution is the accused rapist and his intention and physicalactions, and not the consent of the rape victim. Hiraba does notrequire four witnesses to prove the offense, circumstantialevidence, but medical data and expert testimony from the evidenceused to prosecute such crimes.

In addition, the rapist is subject to the hadd punishment forzina, even if the rape was not carried out at knifepoint orgunpoint. If the use of a weapon was threatened, then he is amuharib, and is to be subjected to the hadd punishment describedin the verse in which Allah says:

The recompense of those who wage war against Allah and HisMessenger and do mischief in the land is only that theyshall be killed or crucified or their hands and their feetbe cut off from opposite sides, or be exiled from the land.That is their disgrace in this world, and a great torment istheirs in the Hereafter.56

Modern Islamic legislation might also designate rape as a harm under jirah, thus creating grounds for rape victims to receive some compensation for the harm caused to their bodies and sexual

ا .56 ل� Gون0 ا د ق� ت� Åوا لا ي د ق� �ات � ق رض� والا< ماوات� ار الس� ظ �ف ن0 ا< وا م د ق� ت� Åن0 ي م ا< غي� ط ت� اس ن0 Gس ا �ن Gوالا ن�0 �ج ر ال غش� ا م � ب ان0 سلظ �ن Al-Qu’ran, Ar- Rahman 5 : 3345 . Ain O Salish Kendra (ASK), Documentation Unit, January-

September 2013, p. 39لون0 .46 عق� �م ت ك عل� ه ل �م ب اك �م وص ك ل ذ� ق�� ح ال �ا ب ل� Gا م اهلل� ر� ي� ح ب� �س ال ف� لوا الت�� ن� ف� � ولا ت Al-Qu,ran, Surah Al-anam 6 : 151الوا . 47 �ا ق وم هد� �ي� ت اس ا< ها الن� ي�8 ال ا< ق� �وم النجر ف �اس ت طت� الن� �ه وسلم خ ن0 رسول الله صلي الله علي� اس ا< �ن0 عن �عن0 اب

ي� ا< �ال ق �لد حرام ق �الوا ب �ا ق لد هد� �ي� ب ا< �ال ق �وم حرام ق �هر ت �ا ش الوا هد� �هر ق �كمش كم علن� �عراص موالكم وا< ن0 ذماءكم وا< Gا �ال ق �حرام قومكم �ي� حرام كجرمه� ت ا ف� لدكم هد� �ي� ب ا ف� هركمهد� �ا ش ال اللهم هد� ق� �سه ف ع را< �م رف �عاذها مرارا ث ا< �ت�m اللهمهل ق لغ� cت� هل ب لغ� cب

Imam Abu A’bdullah Muhammad ibn Ismai’el al-Bukhari, Op. Cit., Kitabul Hajj, Babul Khutbate ayyame mina, Hadith no-1652.

48 لا . ن� cي اء س ه� وس ش� اح �ان0 ق ه ك ��ب Gا ا �ب وا الز�� �ت8 ق�ر � ولا ت Al-Qu’ran, Surah Al-Isra 17 : 3249 . Punishment for Zina. Allah says, “The woman and the man

guilty of adultery or fornication,- flog each of them with ahundred stripes: Let not compassion move you in their case, ina matter prescribed by Allah, if ye believe in Allah and theLast Day: and let a party of the Believers witness theirpunishment.” [ Al-Qu’ran, Surah An-nur 24 : 2]

50 . Islami Ayin Bidiboddo Koron Board, Bidi Boddo Islami aiyn,Dhaka : Islamic Foundation, 1995, part 1, p. 337

51 . Al-Qu’ran,  An-Nur 24 : 33

autonomy.57 Therefore, rapist must be punished as Hiraba’s law and victim would get the compensation as ziraha for affecting hersexual autonomy.

4. Sexual harassment and Eve teasingEve teasing58 is a violation of a woman’s fundamental right tolive in dignity and honor. Women have always been subject to eveteasing and the trend unfortunately, continues even at present.Eve-teasing and sexual harassment of women have definitelyincreased but there is none to care. Most of the victims arecommitting suicide due to their irresistible sense of shame andinsult. According to a report from ‘Bangladesh National WomenLawyers Association’ (BNWLA), the probable eve-teasers on thestreets of Bangladesh are teenage boys, traffic police, rickshawpullers, bus drivers, supervisors or colleagues of working women.Statistics suggests that about 32% of the eve teasers arestudents, 33% are middle-aged men while 35% are anti-socials.59

According to information gathered by Odhikar, a total of 479girls and women were victims of sexual harassment from January toDecember 2012. Among them, 18 committed suicides, three werestabbed to death, 24 were injured, 15 were assaulted, 69 werevictims of attempted rape and 350 were sexually harassed invarious ways. During this period, seven men were killed, 74 maleswere injured and 46 men were assaulted by stalkers when theyprotested against such acts of harassment. Among the 20 femaleprotestors, a mother of a girl committed suicide and 14 otherwomen were injured and five women were assaulted. 60

52 دي� عن0 . �mmmكنل ال >mmmن0 واب �مmmmه� ب ه عن0 علق� �mmmي cي� دا< �8mmmرب �لم ي mmmه وس �mmmليلي اللmmmه ع mmmه صmmmلول ال mmmد رسmmmهت� علي ع �رح �mmmة� ح ن0 امmmmرا< ا<عmmل �ل ف �mmزجاكU ال ن0 ذ� Gث� اال �mmق �ل ف �mmا رجmه ظلق� ومmmر علن� �اي �صاحت� ق �ها ف ه من� Åي �ي جاح ض� ف� �للها ف �ح Åن �ل ف �اها رج لق� ن� �الصلاة� فل �mزجوا ال د� �mmج ا< �وا ق ظلق� �اي �mا ق د� mmا وك د� mmي� ك �عmmل ب �ل ف �mmزجاكU ال ن0 ذ� Gث� اال �mق �ن0 ف ب�� ر �ه� من0 المهاح �عصاب �ا ومرت� ت ا وكد� ي� كد� �بم �ه لmي�رج �mر بmم لمmا ا< �لم ق mه وس �mليلي اللmه ع mه صmلول ال mه رس �mوا ب ت�� ا< �mا ق د� mو ه mعم ه �الث� ت �mق �ا ف mوه ت�� هmا وا< ع علن� �ه وف �ب ي�ت� ا< ½ي� ظ الد�ولا �mmل ق �ال للرج �ق�ر الله لكU وق �د غ ق� �ي� ف �هب ال لها اذ� ق� �ها ف �ا صاحن ب�8 ا رسول الله ا< �ال ب ق� �ها ف ع علن� �ي� وف ها الد� �ام صاحن �قهم ل من� �ن ه� لف� ي� �Ôي هل المد ها ا< �اي �ه� لو ب �وب �ات� ت �د ب ال لق� �موة وق �ها ارح ع علن� �ي� وف ل الد� �ال للرج �ا وق حسن�

Table 3: Eve teasing by yearStalking 2010 - 2012

Year (s)

Girlsvictimise

d bystalker(s

)

Femalesvictimised

forprotesting

Malesvictimised

forprotesting

Total

2012 479 20 129 628

2011 672 42 201 915

2010 273 26 139 438

Total 1424 88 469 1981

Source: Human Rights Report 2012/Odhikar.

In Islam, Men are commanded to respect women just like they wouldwant women of their family to be respected. Here is an incidentfrom life of Prophet Muhammad(SM). One day, a young man askedAllah’s Messenger(SM) for permission to fornicate, since he couldnot restrain himself. Those who were present reacted in variousways. Some scoffed at him, others pulled his robe, and stillothers readied themselves to hit him. But the compassionateProphet(SM) drew him near and engaged him in conversation. Hebegan by asking him:" Would you let someone do this with your mother?” towhich the young man replied: “My mother and father be your ransom, OAllah’s Messenger, I don’t agree with that.” The Prophet(SM) said: “Naturally, noone agrees that his mother should be a party in such a disgraceful act.”61 Islamfurther more instructed the people about lowering gaze andprotecting themselves from any kind of ill deeds, illegal sexualconduct and illegal relationship. Allah says:

Say to the believing men that they should lower their gazeand guard their modesty: that will make for greater purityfor them: And Allah is well acquainted with all that theydo. And say to the believing women that they should lowertheir gaze and guard their modesty; that they should not

display their beauty and ornaments except what (mustordinarily) appear thereof; that they should draw theirveils over their bosoms and not display their beauty exceptto their husbands, their fathers, their husband's fathers,their sons, their husbands' sons, their brothers or theirbrothers' sons, or their sisters' sons, or their women, orthe slaves whom their right hands possess, or male servantsfree of physical needs, or small children who have no senseof the shame of sex; and that they should not strike theirfeet in order to draw attention to their hidden ornaments.And O ye Believers! turn ye all together towards Allah, thatye may attain Bliss.62

Abu Yi’sa Muhammad ibn Yi’sa al-Tirmidi, Al-Jami’ al-Tirmidi,Cairo : Darul Hadith, 1999, part- 3, Chapter of Hudud ,p. 472

53 . In ‘Fiqh-us-Sunnah ,Hiraba is described as: ‘a singleperson or group of people causing public disruption, killing,forcibly taking property or money, attacking or raping women(hatk al ‘arad), killing cattle, or disrupting agriculture.The famous jurist, Ibn Hazm, had the widest definition ofhiraba, defining a hiraba offender as: ‘One who puts people infear on the road, whether or not with a weapon, at night orday, in urban areas or in open spaces, in the palace of acaliph or a mosque, with or without accomplices, in the desertor in the village, in a large or small city, with one or morepeople… making people fear that they’ll be killed, or havemoney taken, or be raped (hatk al ‘arad)… whether theattackers are one or many." [Sources: Sayed Sabiq Fiqh-us-Sunnah. (10th edition). Mecca: Bab al-Loq. 1993.part 2 p-450]

54 . Islamic jurisprudence also creates an avenue for civilredress for a rape survivor in its law of "jirah" (wounds).Islamic law designates ownership rights to each part of one’sbody, and a right to corresponding compensation for any harmdone unlawfully to any of those parts. Islamic law calls thisthe law of jirah (wounds). Harm to a sexual organ, therefore,entitles the person harmed to appropriate financialcompensation under classical Islamic jirah jurisprudence.[Source: Muhammad Ibn Quddamah Al-Maqdisi Al-Mughni Ala MukhtasarAl-Kharaqi. Cairo: Dar al-Kutub al-Ilmiyyah.p-36, 1994.]

Once upon a time, the followers of Hazrat Muhammad ‘(SM)asked,”What are the rights of the roadway, Messenger of Allah?” Hesaid, “Lowering the eye, refraining from causing annoyance, returning the greeting,commanding the right and forbidding the wrong.” 63

Islam prohibits any lustful gazing and also announced punishmentagainst this. Eyes commit adultery through Lustful Gazing. It

[an-nazar bi'sh-shahwa ة� هو< �mmmmmشال �ر ب ½mmmmmظ plants the seeds of sin in the,[ الت�55 . Asifa Quraishi, “Her Honor: An Islamic Critique of the Rape Laws of Pakistan from a Woman Sensitive Perspective.” Michigan Journal of Law 18 (1997):

287-31557 . Asifa Quraishi, Op. Cit., p-287-31558 . Eve-teasing is a euphemism used in India (and sometimes

other parts of South Asia, including Nepal and Bangladesh)for public sexual harassment or molestation (often known as"street harassment") of women by men, where Eve alludes tothe very first woman, according to the Biblical creationstory. Considered a problem related to delinquency in youth,[5] it is a form of sexual aggression that ranges in severityfrom sexually suggestive remarks, brushing in public placesand catcalls to groping.[source: www.wikipedia.org/wiki/Eve_teasing]

59 . P.M. Serajul Islam, Eve-teasing, woman rights and Bangladesh, Daily Sun, Tuesday 2 April 2013.

60. Human Rights Report 2012/Odhikar.

61 ل . �mن �اف �ب�8ي، ق ز� mي� ال دن0 لي� ف� >mmه ابmلول ال mmا رس �mmال: ب �mق �لم ف mه وس �mليلي اللmه ع mmي� ص �ب �mmيلي ال Gب�8ي ا ا ا< �اب �ي س ب� �ن0 ف و امامه� ا< �روي� ات،Uداك �mmله قي� ال علب� �ال: لا والله ج �مكU؟ ق ه لا< �جي �ت ال: ا< ق� �لس، ف �ح �ا ف �ن @úي �ز ه ف ا مي� �دب �ه ق �ال: اذب ق� �الوا: مه مه، ف �روة، وق �ح �ز� وم ف ه الق� علي�اس �mmنال: ولا ال �mmق ،Uداك �mmله قي�m ال علب� �ا رسول الله ج �ال: لا والله ب �كU؟ ق ين� �ه لاب �جي Åن �ف ال: ا< �هم، ق �مهاي ه لا< �وب �جن �اس ت ال: ولا الن� �ق

ال �mm؟ قUك �mmmن �ح ه لا< �mmجي Åن �ف ال: ا< �mmهم، ق �اي �mmن �ه لي �mmmوب �جن �ه: ت �mmجي Åن �ف ال: ا< �mmهم، ق �واي �mmح ه لا< �mmmوب �جن �اس ت �mmنال: ولا ال �mmق ،Uداك �mmmه قmmلي� ال علmmmب� �لا واللmmه جي� اللmه علmmب� �ال: لا والله ج �كU؟ ق الن� ه لح� �جي Åن �ف ال: ا< �هم، ق �ه لعماي �وب �جن �اس ت ال: ولا الن� �داكU. ق �ي� الله ق علب� �ال: لا والله ج �كU؟ ق لعمن�

hearts. In a hadith narrated by Imam Bukhari , Rasulullah (SM)has said, “a Lustful glance is the fornication/adultery of the eyes.” Prophet (SM)also said: “Allah Has written upon the son of Adam his share fromZina (adultery/fornication), he will inevitably experience it,thus the Zina of the eyes is looking (at what is forbidden), theZina of the tongue is speaking (with what is forbidden), theself-wishes and desires, and the private parts accepts all thator refuses it. ”64 The person who casts lustful glances andindulges in any form of adultery can never be a good Muslimunless they sincerely repent from this evil. In another hadith,Muhammad (SM) said, “"Ali, (Ali ibn Abu Talib) do not let asecond look follow the first. The first look is allowed to youbut not the second."65 

عmmد �كن0 ت �لم ب �ه، ق �mزج� ه وخصmmن0 ف �mmلي �ه وطهmر ق �mي ي�8 ر ذ� �mmق �ال: اللهم اغ �mه وق دة علي� �ع ب �وض ال: ق� �هم، ق �الاي ه لح� �وب �جن �اس ت ال: ولا الن� �داكU. ق �قء ي� لي ش� Gت� ا ف� لت� �ي ب ب� لكU الف� ذ�

Muhammad Nasir Uddin Albani, Assilsilatush Shahiha, MaktabatulMa’rif, Riad, Hadith no-370

62 . �عوب ت� mmmص �ا ي mmmم �ر ي ي� mmmcث � ج ن�0 اهلل� Gهم ا ي ل ك ر� كU ا< mmmل هم ذ� ��mmmزوج وا ف mmm ط½ ف� ح �م وت اره mmmص �ي ن0 ا< وا م ��mmmض ع� �ي@ن0 ت ن� م و< mmmلم ل ل mmm�ق ات� mmmن� م لمو< ل ل �وقن0 ب�� د mm �ن @هن�0 ولا ي �وي ن� �لي ح ن�0 ع مره خ� �ن0 ت �ب8 ر ض� ت� ها ول ن� هر م ½ا ط ا م ل� Gهن�0 ا ن� ي �ب ن0 ر� ب�� د �ن @هن�0 ولا ي ��زوج ن0 ف ط½ ف� ح �ن�0 وت اره ص �ي ن0 ا< ن0 م ص� ض� ع� �تهن�0 �واي m�ح ي� ا< ب cو ي هن�0 ا< �واي mm�ح Gي� ا ب cو ي هن�0 ا< �واي mm�ح Gو ا هن�0 ا< ن� ول mmع �اء ت mmن� �ي� و ا< هن�0 ا< >اي ن� �ي� و ا< هن�0 ا< ن� عول �اء ت �ب8 Tو ا هن�0 ا< >اي �ب8 Tو ا هن�0 ا< ن� عول �ت ا ل ل� Gهن�0 ا ن� ي �ب ر� ورات� mmmmلي ع روا ع mmmmه ظ½ �م ي ن0 ل ب�� د� mmmm�ل ال mmmmق� و الط� ال ا< mmmm �ج ن0 الز� م ه� mmmm�رب Gولي� الا mmmmر ا< ي� ن0 غ� عب� cات mmmmن��و ال هن�0 ا< �اي mmmmم ي�8 ث� ا< ك ل ا م mmmmو م هن�0 ا< >اي mmmmس �و ن ا<

ون0 لح ق� �م ت ك عل� ون0 ل ن� م مو< ه ال ب��8 عا ا< مت� � ح لي اهلل� Gوا ا �وت �هن�0 وت ن� ي �ب ن0 ر� ن0 م ب� ق� ح� �ا ت علم م ت� لهن�0 ل �رج ا< �ن0 ب �ب8 ر ض� �ساء ولا ي الت�� Al-Qu’ran, Surah An nur 24 : 30-3163 ها . ن� �حدت� ف Åن �ا ي السن� �د من0 مح �ا ب ا رسول الله ما لن� �الوا ب �ات� ق �ي� الظرق لوس ف� �اكم والح ب�� Gال :ا �ي� ق �ب دري� عن0 الي� د الح� ي� سغن� �ب8 عن0 ا<

ف� ضر وك �ض� الت �ال :غ �ه ق ق� الوا وما ج �ه ق ق� ق� ج �Ùت غطوا الظر ا< �لس ق �لا المح Gم ا ي� ي@ c8ب ا ا< ذ� Gا �ه وسلم :ق ال رسول الله صلي الله علي� �قالمعروف� �مر ب ي ورذ السلام والا< ذ� كر الا< هي� عن0 المن� والن�

Imam Abu A’bdullah Muhammad ibn Ismai’el al-Bukhari, Op.Cit., Chapter of Asking Permission to Enter, Hadith No-5875

5. Acid violenceAcid violence is an extreme form of violence against women andother vulnerable groups. The use of acid on a person results indisfiguration, loss of sight, permanent scars and in some casesmelting teeth and bones and even causes of death. Acid attacksgenerally occur when men want to take revenge for the refusal ofproposals for sex or marriage, or when demands for dowry are notmet or when there is a political or land-related dispute.Additionally, a few other causes of acid attack may be mentionedhere such as family dispute, protest against husband’s secondmarriage, infertility, getting divorce from wife.

Bangladesh acid Attack Trends (2000-2009)

Source: Combating Acid Violence in Bangladesh, India, andCambodia, by the Avon Global Center for Women and Justice atCornell Law School and the New York City Bar Association (link

64 ن0 ا العب� �mmب �ز� كU لا محالmmه� ف mmذال Uذرك ا ا< �mmب ه من0 الز� ½mmظن0 اذم خ �ن0 اللmmه كي�ت� علي� اب Gلم : ا mmه وس ي� صلي� الله علي� �ب ي��رة� عن0 الي� و هر �ال ات �قه �صدق� ذالكU كله وبكدب �هي� ، والق�رج0 ي ن� س� �ي�m ون مب� �س ي ف� ، والت� طق� ا اللسان0 المت� �ب ر ، ور� ظ½ الت� Ibid, Chapter of Asking Permission to Enter, Babu Zina al- jawarih dunal farji, Hadith No.5889,

رة� .65 �ح Tالا Uكست� ل ولي ولت� ن0 لكU الا< Gا �رة� ق ظ½ رة� الت� ظ½ ع الت� �ت Åي Åا علي� لا ب �ه وسلم: لعلي� ب ال رسول اللهm - صلي اللهm علي� � عن0 قدة� �رب�8الي �ق

Ali ibn sultan Muhammad al kari, Op. Cit., kitabun Nikah, Babun Najri, Masalah3110, Darul Fikri,2002.

provided in Sources). In the period Since January to December2012, it is reported that 105 persons became victims of acidviolence. Of these affected persons 58 were women, 17 were men,20 were girls and 10 were boys.

In, Islam human life is sacred and honored. No one can hamper inhis security, honor and dignity. Any kind of acid violence iscondemned and prohibited in Islam which results on a person indisfiguration, loss of sight, permanent scars and in some casesmelting teeth and bones and even causes of death. Allah says,“Don’t kill anyone without Allah’s justification.”66 Islamconsiders acid violence as a qisas67 crime. A crime that is oneof pure retaliation. Because it fully damages the human life.There are many Qur’anic verses regarding Qisas, Al-Quran says: 

We ordained therein for them: "Life for life, eye for eye,nose or nose, ear for ear, tooth for tooth, and wounds equalfor equal." But if any one remits the retaliation by way ofcharity, it is an act of atonement for himself. And if anyfail to judge by (the light of) what Allah hath revealed,they are (No better than) wrong-doers.68

For more attraction Al-Quran states that:          Nor take life which Allah has made sacred - except for justcause. And if anyone is slain wrongfully, we have given his

66. ق�� ح ال �ا ب ل� Gا م اهلل� ر� ي� ح ب� �س ال ف� لوا الت�� ن� ف� �ولا ت Al-Qu’ran, Surah Al-Isra 17 : 3367 . Qisqs means: Retribution. Prescribed in Islamic law for

murder, voluntary manslaughter, involuntary killing,intentional physical injury, and unintentional physicalinjury. In cases of intentional killing and physical injury,the family or victim may waive retribution and exact monetarycompensation. In other cases, only monetary compensation canbe exacted. The perpetrator's clan is responsible for paymentof compensation, which is divided by the victim's clan.[Source: The Oxford Dictionary of Islam,http://www.oxfordislamicstudies.com]

heir authority (to demand Qisas or to forgive): but neitherlet him nor exceed bounds in the matter of taking life; forhe is helped (by the Law). 69

Conclusion:Islam is a religion of vast dimensions which has inspired greatcivilizations and today offers many men and women comfort andethical guidance. The Qur'an gives men and women spiritualequality and represents a comprehensive model to protect thehuman family from any type of oppression. In Bangladesh, manylaws have been promulgated for ensuring women rights and removingviolence against women but no result has come yet successfully.If Islamic rules are implemented with other Bangladesh penallaws, violence against women in Bangladesh would decreaseimmediately. Because the philosophy of Islamic rulings is toresolve the problems that take place in human society and topresent an alternative model. The weak and needy, orphans andwidows, slaves and servants have no defined rights in such aworld. Islam came to establish justice and mercy in the heart ofa cruel world and prohibited any oppressive behavior. The Qur’anemphasizes that all people are created equal in worth and valueregardless of race, ethnicity, gender or class.

اض .68 ص �روج ف �ج وال ن�0 الس� �ن�0 ب والس� ن0 ذ� الا< �ن0 ب ذ� والا< ف� �ن الا< �ف� ب �ن والا< ن0 عب� ال �ن0 ب عب� س وال ف� الت�� �س ب ف� ن�0 الت�� ها ا< ن� �هم ف لن� ا ع ن� �ي ن� وكمون0 ال � م الظ½ كU ه ن< ول ا< � ق ل اهلل� ر �ي ما ا< �م ي ك ح �م ت ن0 ل ارة� له وم ق�� هو ك �ه ف �ق� ب د� ص � ف�من0 ي

Al-Qu’ran, Surah Al- Maidah 5 : 4569. ق�� ح ال �ا ب ل� Gا م اهلل� ر� ي� ح ب� �س ال ف� لوا الت�� ن� ف� �ولا ت Al-Qu’ran,Surah Al-Isra 17 : 33

References