Sharia Law: Endless violence against women.

By Chinonye Ndeokwelu.

Amina Lawal with her child

It shook the world. International organisations were involved. Ambassadors of various countries discussed safety measures, Oprah Winfrey mobilised more than 1.2 million people to protest and Human Right Watch was under severe pressure to act.

It was an exclusive story published by Daily Mirror on August 24, 2002 about the case of Amina Lawal, a 30-year-old woman from Kastina in Northern Nigeria who was sentenced to death by stoning on August 19 of the same year, by an Islamic court for adultery and conceiving a child out of wedlock.  She was to be taken, buried to the neck in the earth and left to perish beneath a hail of rocks.

The story was that of oppression by one gender upon another. Even though Ms Lawal’s case was overturned, the issue of stoning to death still exist in countries like Indonesia, Afghanistan, Iraq, Iran, Saudi Arabia, Sudan and Somalia. 

Professor Hauwa Ibrahim, the pro bono lawyer who handled Ms Lawal’s case ten years ago, confirmed that this form of violence and injustice never existed until 2000 when religious cleric feared for the effects of globalisation on their women. She said: “Globalisation through Nollywood, Hollywood and Bollywood was exposing women to nudity, so the Sharia Law was introduced to protect women which ended up destroying them and introducing a huge form of violence.”

Furthermore, there are misconceptions surrounding the fact that stoning to death is supported by the Holy Book of Qur’an. This is untrue. The only part of the Qur’an that describes punishment for adultery or fornication is Qur’an 24:2 which states that: “The [unmarried] woman or [unmarried] man found guilty of sexual intercourse- lash each one of them with a hundred lashes, and do not be taken by pity for them in the religion of Allah and the Last Day. And let a group of the believers witness their punishment.”

While the law provides that women are stoned to death, the father of Ms Lawal’s daughter was not prosecuted for lack of evidence. He was deemed innocent by the court without any DNA tests.  However, the punishment for men in the Sharia Law is based on three proofs. One is confession, the second is pregnancy and the third is that four witnesses must see the sexual act before a man can be convicted. How possible is that?

Professor Ibrahim confirmed that the law is in the book but the judges in Nigeria no longer pass judgement of stoning. One obvious reason is the international interest which Ms Lawal’s case attracted and the other is the notion that corruption has crept into the system. Judges in Northern Nigeria whose children get pregnant fly them abroad to avoid conviction and open disgrace. The Professor of Harvard University also said she is working with Nigerian lawyers and other countries especially in Pakistan, Palestine and Iraq to see that the law is abrogated.

Ms Lawal who lived in a tiny room made with mud and a thatched roof in 2002 was arrested in her home. She could neither read nor write. She didn’t understand the law. Her first marriage was at the age of 14. She had five children after which she became divorced. Two years later, she had a daughter for another man who had promised to marry her but denied her in court.

Her case is a typical example of religious violence existing in developing countries. Women worldwide face different forms of injustice. They are vulnerable to abuse, domestic violence and rape. In Northern Nigeria where Ms Lawal comes from, when a boy is born, friends and relatives exclaim congratulations! A son means insurance. He will inherit his father’s property; get a good job to help support the family. When a girl is born, the reaction is different. Some women weep when they find out their baby is a girl. Her place is in a man’s house and when she is between ages 12- 14 she is given out in marriage.

Some of these women end up being used as machines to produce children. Professor Ibrahim recollected a case she handled in January. It was a case of a well known man [name withheld] in Nigeria who married his first wife and for several years she couldn’t produce children. “So, he had to marry a second wife. The second wife was more productive. In six years of marriage they had five male children. When he knew he had what he wanted, he started maltreating her and he decided to divorce her. We couldn’t get the settlement out of court but now the case is before a magistrate court.”

In some countries, deliberate attempts are made to reduce the female population. United Nations Children's Fund (UNICEF) estimates that around 5,000 Indian women are killed in dowry-related incidents each year. The gender ratio across India has dropped to an unnatural low of 929 females to 1,000 males due to infanticides and sex related abortions. Also, the Chinese government claims that sex-selective abortion is one major explanation for the staggering number of Chinese girls who have simply vanished from the population in the last 20 years.

UNICEF in a press statement on violation of women rights in developing countries said “A combination of extreme poverty and deep biases against women create a remorseless cycle of discrimination that keeps girls in developing countries from living up to their full potential. It also leaves them vulnerable to severe physical and emotional abuse.” 

Injustice against women is a devastating reality. UNICEF continued: “It results in millions of individual tragedies, which add up to lost potential for countries. Studies show there is a direct link between a country’s attitude towards women and its progress socially and economically. The status of women is central to the health of a society.”

Professor Ibrahim recollected that Ms Lawal’s case officially ended in 2003. By 2004, she was remarried and again faced maltreatment from her husband. He beat her up and when she was six months pregnant, he divorced her.

Ms Lawal, alone again with a child kicking inside of her struggled through life until she had the baby who she named Miriam. In 2010, she remarried again but this time Mrs Ibrahim says; “I can’t tell if she is happily married or not.” 

While the Human Right Watch and Amnesty International claim they have grip of violence against women around the world, Senior Researcher on gender in Open University Oxford, Dr. Tina Wallace  said nobody has the true data of how much domestic violence, religious violence or discrimination women endure.  She said: “I don’t think anybody has that kind of data. Who are these women going to tell?  Who knows what goes on behind closed doors? I don’t think there is a significant difference between religious and domestic violence against women because a lot of domestic violence are based on religious understanding of men being superior to women and women owing men allegiance. You can’t separate religion from domestic violence.” 

Dr Wallace, whose research is mainly on women in Africa, added that: “These are really difficult issues that go to the heart of marriages, their culture and the way they have been brought up. Even here in the UK, it is a very difficult subject to tackle; we have loads of homes with domestic violence a lot of which is not known.”

However, Sarah Haynes, grassroots campaigns officer, Women for Women International; said they work extensively with women to address violence when it is reported. She said: “We are helping women deal with the trauma in African continent especially in Congo, Rwanda, South Sudan and Nigeria where gender crisis is ongoing. These women are sponsored for one year to equip them with the skills to contribute to the society without bearing hangovers from their past hurt.”

Head of Centre for Gender and Violence Research Bristol University, Professor Marianne Hester says gender injustice has increased in various dimensions. She said this increase has a link to decreasing services in the most countries.

In her view, the injustice melted on women especially in developing countries would tremendously reduce “if men begin to address their violent behaviour and also there should be a measure to call for equalising of gender.”

Researcher and director of Tilda Goldberg Centre for Social Work and Social Care, University of Bedfordshire, Dr Sarah Galvani said: “It is totally unacceptable to abuse women in any way because it perpetuates the subjugation of women and convey messages to young and old that women are not men’s equals and deserve to be treated as lesser beings.”

To reduce or eradicate this form of injustice, she said: “a start would be to introduce and enforce laws that suitably punish those that abuse women. More so, services and support for women in need of protection should be intensified.”

Mrs Oby Okonkwo, Nigerian gender activist and a lawyer for about 30 years said progress has been made through organisations like International Federation of Women Lawyer (FIDA) and Women's Rights Advancement and Protection Alternative (WRAPA) in Northern areas to educate them of their rights as women.

She however lamented that most “women are scared of speaking out as a result of the stigma they could face after bringing their problem to public eye.”

As for Ms Lawal, who represents the voiceless, poor, powerless uneducated woman, 10 years on, she is still struggling to endure life.

Professor Ibrahim who also escaped marriage at the age of 12 but ‘accidentally’ became educated said “Education is the tool that can help break the pattern of gender injustice and bring lasting change for women in developing countries.”

UNICEF 2011 report says, nine million girls than boys miss out of school every year. 

Chinonye is currently studying for an MA in International Journalism at Cardiff University, U.K