Research Journal on In the Name of Honor: A Memoir

Mai, M., & Cuny, M. (2006). In the Name of Honor: A Memoir. New York: Washington Square Press.

Mai’s memoir chronicles all the events (with exact dates and times!) that led up to and followed after the gang rape that was approved by her village’s jirga*. However, the book is not particularly critical of discriminatory laws toward women. I picked up the book with hopes of not only finding more about her case, but also understanding why the media publicized her story and how that played a role in her trial. The first reason why her story circulated around was due to the local imam, who publicly denounced the horrific crime in Friday prayers. This act held significance on two accounts: first, it was announced to the entire community and for those people who stayed away from controversial news, the imam’s public announcement rendered them to discuss the issue openly; second, when a leader (even if he/she is locally known by a small number of people) takes a stand, it influences people’s opinion.

There were some shocking parts of the story that I had not gathered from my previous research about her case. For instance, she says, “…decision to rape me was made in the presence of the whole community. My father and uncle heard that verdict along with all the other villagers…” But if that is the case, her family knowingly walked her over to where she was going to be raped. My earlier readings made it seem that along with her father and uncle she was asking for forgiveness for her brother’s alleged misbehavior when the Mastoi dragged her and raped her; in other words, they had no knowledge of what was coming. Also, if both the decision and denouncement of Mai’s rape was public, it seems that the community members of Meerwala village were aware of both sides of the story. I still haven’t answered why media took such a strong interest in Mai’s rape. For one thing, she recognized its value: “I sense[d] instinctively that I must take advantage of the presence of these journalists.”

Mai calls attention to class differences. She repeatedly mentions that since she belongs to the Gujar clan and the accused men were from Mastoi clan (rich people who owned a lot of land in the village), the police were not cooperative and sided with the Mastoi. In fact, she states that the police and all the justice system is controlled by upper class people like Mastoi. To illustrate this point, she narrates her experience at the police station where is asked to dictate her case. The policemen ask her to thumbprint the end of a few blank pages. Later, she learns that they have written things inaccurately. While you can argue this shows that justice is reserved as a privilege for the rich and educated, it also exemplifies what an average peasant, who has never been to school and who cannot read and write, is denied her right to justice.

Mai adopts a rather unusual approach/ attitude when she says, “I was born in this country, subject to its laws, and I know that I am like all other women who belong to the men of their families: we are objects, and they have the right to do whatever they want with us. Submission is compulsory (67).” This sort of echoes what Socrates said when he refused to escape his death; Socrates asserted that since the State married his parents, and had him nurtured and educated in Athens, he was bound by its laws because he had chosen to stay there after coming of age. Mai is also accepting that the laws apply to her and there is nothing she can do about it. However, she comes to the conclusion that, “But despising men is not the way to win respect. The solution is to try to fight them as equals (112).”

To sum it up, I can use Mai’s case to support my hypothesis. The jirga, which consisted of many Mastoi men, punished a peasant woman from Gujar class not because she had committed a crime, but because they sought revenge. The sad part is that such revenge was justified by the jirga because they claim to make decisions consistent with Sharia law.

*jirga: village council which makes decisions based on Sharia law.

 

Research Journal: Interpretive Frameworks

Khouri, N. (2007). Human Rights and Islam: Lessons from Amina Lawal and Mukhtar Mai. The Georgetown Journal of Gender and the Law, 8(93), 93-109.

Khouri explains three accounts/ interpretative frameworks that are used to draw relationships between human rights and Islamic law. There are named as Clash of Civilizations, Global Legal Pluralism, and Transnational Legal Process. The following mind map briefly outlines the important components associated with each:

Frameworks

She also analyzes two case studies – Amina Lawal and Mukhtar Mai- and interprets both of them in light of the three frameworks that she provides in this article. I will only be summarizing Mukhtar Mai’s case since it happened in Pakistan and it is directly related to my topic. The other case is that of a Nigerian woman, but since the penal code in Nigeria is different, I will not go into its detail.

In 2002, Mai was ganged raped on orders of her panchayat (village council) in retribution for alleged zina committed by her younger brother. Khouri explains this case in view of the three frameworks.

1. Clash of Civilization

International media adopted this interpretative framework to state that Mai’s human rights had been violated as a result of Sharia law. However, this framework ignores the fact that the village council did not have any legal authority to impose Sharia. Local tribunals are not part of the federal state law or the penal code. The clash is between traditional tribal law and official state law, not human rights and Islamic law.

2. Global Legal Pluralism

Because global legal pluralism recognizes human rights and Islamic law as separate and interacting entities, it takes local political structures into account. This framework explains that while the village council did not have legal authority, it was the village imam who spoke against the sexual violence. It also considers the class differences of perpetrator and victim. Mai’s perpetrators were from Mastoi tribe and because most members of the village council were from that tribe, they issued such a horrific act of violence against Mai, who was from the socially low Gujar tribe.

3. Transnational Legal Process

This interpretative framework emphasizes the concept of norm internalization. In Mai’s case, government condemned rape, compensated her and provided her legal costs. This could be partly attributed to international pressure which emphasizes human rights norms.

Each interpretative framework provides a unique analysis, but because the global legal pluralism accepts alternative models, it is neutral and more tolerant. Of course, the relationship between human rights and Islamic law is more complex than it is portrayed in these frameworks.