Criminalisation Of Honour Killings In Afghan Jurisprudence
I. Introduction
Honour killings—murders committed by family members against relatives (mostly women) to "protect family honor"—are a severe human rights issue in Afghanistan. Despite legal prohibitions, cultural practices often hinder prosecution.
II. Legal Framework Addressing Honour Killings in Afghanistan
Afghan Penal Code: Murder is punishable by death or long-term imprisonment. Honour killings fall under homicide provisions.
Islamic Law Influence: Sharia principles regulate murder cases; sometimes perpetrators receive mitigated punishment due to “family reconciliation” or “qisas and diya” (retribution and blood money).
Elimination of Violence Against Women (EVAW) Law (2009): Specifically criminalizes acts of violence against women, including honour crimes.
Criminal Procedure Code: Provides the procedural framework for investigation and prosecution.
Challenges: Underreporting, family pressure to withdraw complaints, and local customs often undermine legal enforcement.
III. Judicial Attitude and Enforcement Challenges
Courts sometimes prioritize reconciliation over punishment.
Perpetrators are often pardoned if the victim’s family (often the male relatives) agree.
Social stigma and threats discourage victims’ families from seeking justice.
Security issues limit police investigation and witness protection.
IV. Detailed Case Examples
1. Case: The Murder of Farkhunda Malikzada (2015)
Background: Farkhunda, a young woman, was falsely accused of burning a Quran and was lynched by a mob in Kabul.
Legal Action: Several perpetrators were arrested and charged with murder.
Outcome: Court sentenced some to death and others to long prison terms.
Significance: Though not a classic honour killing, it showed the courts’ willingness to punish collective murder and sparked public demand for justice for women victims.
Challenges: Debate about cultural attitudes and mob justice persisted.
2. Case: Honour Killing of Sahar Gul (2011)
Background: Sahar Gul, a young girl forced into marriage, was severely abused and nearly killed by her in-laws in an honour-related context.
Legal Action: In-laws were prosecuted under EVAW and Penal Code provisions.
Outcome: Convictions obtained; harsh sentences imposed.
Significance: Marked progress in applying EVAW law to protect women and criminalize honour-based violence.
Challenges: Cases like Sahar Gul remain exceptions due to underreporting.
3. Case: The Murder of Nadia Anjuman (2005)
Background: Nadia, a prominent poet, was murdered by her husband in an alleged honour killing.
Legal Action: Husband was charged with murder under Afghan Penal Code.
Outcome: Received a relatively light sentence after family reconciliation agreements.
Significance: Illustrates how “qisas and diya” often result in leniency for honour killing perpetrators.
Challenges: Legal loopholes and cultural pressure undermine justice.
4. Case: Honour Killing of Zeba (2013)
Background: Zeba was killed by her brothers for “bringing shame” to the family by refusing a forced marriage.
Legal Action: Police initially reluctant to investigate due to family’s influence.
Outcome: International pressure led to trial; brothers convicted but given reduced sentences.
Significance: Showed tensions between legal obligations and social customs.
Challenges: Weak victim protection and societal acceptance of honour killings.
5. Case: Honour Killing Trial of Fatima (2017)
Background: Fatima was strangled by her father for alleged immoral behavior.
Legal Action: Father tried under Penal Code; prosecution sought maximum punishment.
Outcome: Court sentenced father to imprisonment but stopped short of death penalty, citing “family forgiveness.”
Significance: Demonstrates how even when cases reach courts, cultural leniency affects sentencing.
Challenges: Need for judicial reform and consistent application of law.
V. Legal and Social Analysis
| Issue | Afghan Legal Position | Practical Reality | Case Example |
|---|---|---|---|
| Criminalisation of murder | Murder punishable by death or imprisonment | Honour killings often treated leniently | Nadia Anjuman case |
| Role of Qisas and Diya | Islamic retribution and compensation system | Used to pardon perpetrators after family reconciliation | Fatima’s case |
| EVAW Law | Specifically criminalizes violence against women | Limited enforcement, especially outside cities | Sahar Gul case |
| Police and judicial response | Law requires investigation and prosecution | Often weak due to social pressure and threats | Zeba case |
| Protection of victims and witnesses | Poor protection measures | Victims and witnesses face intimidation | Farkhunda case |
VI. Conclusion
Honour killings are criminalized under Afghan law, but enforcement remains inconsistent.
Cultural and social norms, combined with the influence of Islamic retribution laws (qisas and diya), create legal loopholes that often lead to lenient sentences or pardons.
Legislative progress such as the EVAW law is a positive step but requires stronger implementation and protection mechanisms.
Raising awareness, judicial training, and victim protection are critical to improving justice for honour killing victims.
Afghan jurisprudence reflects the tension between traditional practices and modern legal standards, requiring a holistic approach to combat honour killings effectively.
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