JORDANIAN PENAL CODE.   Term Paper ID:29613 Click to get this paper

Essay Subject: Application of Article 340 to "honor" killings.... More...

10 Pages / 2250 Words 23 sources, 32 Citations, MLA Format $40.00 Return to List of Papers

Paper Abstract: Application of Article 34o to "honor" killings. Reduced sentences for male perpetrators who commit "honor" crimes against female members of their family. Attempt to abolish Art. 340. Background of honor crimes. Violent acts against women, including murder of a female relative who allegedly engaged in illicit sexual activity. Paper Introduction: 'HONOR CRIMES' AND THE JORDANIAN PENAL CODE This research paper discusses and analyzes the origins, including the legislative and judicial history, of Articles 340 and 98 of the Jordanian Penal Code, which sanction reduced sentences for, or total exculpation of, male perpetrators who commit 'honor killings' or other 'honor crimes' against female members of their families. In response to international criticism of Jordan's traditionally lax approach to the prosecution and punishment of honor crime killers, the Jordanian government has recently attempted, with only partial success, to abolish Art. 340 and to increase the punishment meted out to such offenders. These efforts have engendered sharp controversy between the royal family of King Abdullah II and other modernizing elites, on the Text of the Paper: The entire text of the paper is shown below. However, the text is somewhat scrambled. We want to give you as much information as we possibly can about our papers and essays, but we cannot give them away for free. In the text below you will find that while disordered, many of the phrases are essentially intact. From this text you will be able to get a solid sense of the writing style, the concepts addressed, and the sources used in the research paper. Asecondary concept of honor is the honor of the woman involved, or i'rdwhich, if the woman has engaged in sex outside of marriage can only berestored through her punishment. 1 36 (1964), theCourt of Cassation held that Art. According to Arnold, theeffect has been to allow "a male to claim that his lost honor caused him toact in an uncontrollable rage," even if the killing itself occurred onlyafter premeditated planning (1368). 34 (No. .. "Thousands of Women Killed for Family 'Honor.'" National Geographic News, 12 Feb. Turkish Influence. The basic concept is sharaf, "family honor . Of those who are convicted, Feldner estimatesthat the typical sentences meted out by the courts for such killing rangefrom three months to two years (42). Conclusion Arts. Jordan a country study. Such beliefs played a role in the recentParliamentary debate on Art. Sheikh Tamini,King Abdullah's advisor for Islamic affairs ruled that men who kill theirfemale relatives for 'honor reasons contradicted Islamic shari-a, which hesaid prohibits a man from taking the law into his own hands (Jordan: TheBattle 64). 2 1: 1343-14 9.Cassation Criminal, 59/64 (1964).Constitution of the Kingdom of Jordan (1952).Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), adopted Dec. Whatever its origins, Art. (Penal Code of Jordan, Art. The Syrian, Lebanese and Egyptian Penal Codes hada common author, the Arab legal scholar Abd al-Razzay Ahmad al-Sanhiri. Introduction to Turkish Law. 34 all used theFrench terminology, 'ascending or descending' female relatives whichexpands the excuse for killing to the husband, the son, the father, and thebrother (Abu-Odeh 291). Jordan will neversatisfy the demands of human rights organizations on this subject until itabolishes and effectively prosecutes and punishes honor killings which doesnot appear to be politically feasible at the moment. 16,196 ). Actual Origins of Arts. Only a male member of her family, who might in fact be herfuture killer, can sign her out (Myell 4). These efforts have engendered sharp controversy between theroyal family of King Abdullah II and other modernizing elites, on the onehand, and more conservative Islamic factions, on the other. A lower court then sentenced him to serve 1 years (Jordan: Man Receives NA). 34/18 , U.N. These provisions have mixedTurkish, Middle East and European origins and derive most of their powerand influence from Islamic and pre-Islamic Bedouin traditions as well asthe support of Islamic political parties and fundamentalist thinkers.They are unlikely to die out until and unless the modernization ofJordanian society, a prominent development of the 2 th century, expands thesecular zone of Jordanian society. Arnold said these concepts and terms"denote females who men can justifiably kill with full exemption frompenalty" (1362). 98 is a bastardized version of ancient French penallaw. Washington, D.C.: Government Printing Office, 199 .Myell, Hilary. 34 is of mixed French, Turkish andSyrian origin. The European and Turkish penal codes require that the killing bedone in the presence of a sexual act in flagrante delicto; however,Jordan's Article 98, as it has been interpreted, no longer insists on thatif the honor of the family has been besmirched by the sexual acts of thefemale. 34 and to increase the punishment meted out to suchoffenders. London: Royston, 1985.Ansay, Tugrul & Don Wallace, Jr. A 1 & A 8."Jordan Killings of Women for Traditional Family Honor." WIN News, Winter 1999, p. Article 16 of CEDAW requires signatory states to enact laws "toremove discriminatory laws and practices against women" (Arnold 138 ).Jordan has been accused by numerous human rights commentators such asArnold, by Human Rights Watch and by the UN Commission on Human Rights ofbeing in breach of its obligations under CEDAW. . 34 in regulating honor killings. 'HONOR CRIMES' AND THE JORDANIAN PENAL CODE This research paper discusses and analyzes the origins, including thelegislative and judicial history, of Articles 34 and 98 of the JordanianPenal Code, which sanction reduced sentences for, or total exculpation of,male perpetrators who commit 'honor killings' or other 'honor crimes'against female members of their families. "'Honor Murders'-Why the Perps Get Off Easy." Middle East Quarterly 7, Dec. 34 which states: (1) He who discovers his wife, or one of his female unlawfuls, while committing adultery with another man and kills, wounds or injures one or both of them, is exempt from any penalty; (2) He who discovers his wife, or one of his female ascendants or descendants or sister with another in an unlawful bed, and he kills or wounds or injuries both of them, benefits from a reduction in penalty. 2 (Internet: http://www.uhastings.edu/ cgrs./campaigns/docs/2-2_wp.htm, 1).Metz, Helen C., ed. However, Amin said that duringthis period "the Bedouin Arabs [of Jordan] remained out of Ottomanadministrative and judicial control" (25 ). When its branch catches wood worm, it hasto be chopped off so that society stays clean and pure" (Ruane 1549).Feldner argues that honor killings have "clear pre-Islamic pagan origins"(47). . H. Art. Since 1964, it has been given a restricted meaning by Jordan's highestcourt, the Court of Cassation, which has made the prosecution andpunishment of honor killers extraordinarily difficult. As part of the tanzimat or liberalizing reforms ofthe Ottoman Empire, Jordan became subject to the Ottoman Imperial PenalCode of 1858 which as amended governed criminal matters in Jordan until thecollapse of the Ottoman Empire in 1917-18. [arecorrect in] seeing honor killings in the cultural context of Islamicteachings" (46) He says "honor killings fit into a wider pattern of customsthat flow from the texture of Muslim life without specifically beingrequired by Islam, yet still enjoying the blessing of Muslim authorities"(47). NA."Jordan: The Battle to Punish Honor Crimes Continues." WIN News, Spring 2 , p. 98 also uses the French terms "ascending or descending." Itsprovision that a killing of a female relative by a male "in a fit of fury"incorporates the "heat of passion" defense of mitigation contained inFrench and many other penal codes. Status of Efforts by the Jordanian Government to Abolish Art. In that sense, it can be said that shari'a does not applyoutside the religious courts. In particularthese opposing forces disagree as to whether honor crimes are forbidden ormandated by Islamic religious law (shari'a). 34 and 98 Situated at a crossroads of Western Asia, the legal traditions of thepeoples of the Jordan Valley have been influenced by many sources,traditional Bedouin customs, Roman, Byzantine, Persian and Mesopotamianlegal systems and since the Arab conquest in the 7th century A.D., Islamiclaw and traditions. Research indicates that Art. The initial response of the government (beginning in 1998 under theformer King Hussein) to international criticism of honor killings (byinternational human rights organizations Human Rights Watch and AmnestyInternational and the United Nation's Commission on Human Rights) was toafford women who felt threatened the opportunity to enter voluntarily awomen's protective detention center. Relatively fewhonor killers are prosecuted. 2 : 41-48.Husseini, Rana, Jordan Times, 27 Jan. Themajority against it in Parliament was spearheaded by the Islamic ActionFront, one of whose leaders, according to Rana Husseini of the JordanTimes, said the government was "succumbing to the West, legalisingobscenity and harming the society and women's morals" (1). Works CitedAbu-Odeh, Lama, "Comparatively Speaking: The 'Honor' of the East and 'Passion' of the West." Utah Law Review, 1997: 287-3 7.Amin, S. 13.Feldner, Yotan. Ankara: Society of Comparative Law (2d ed., 1978).Arnold, Kathryn C. Abu-Odeh's statementthat Article 34 resulted from a fusion of the Ottoman Penal Code of 1858and the French Penal Code of 181 , is, nevertheless, an oversimplification.By 1949, when the Kingdom of Jordan became fully independent, Metz said"the ancient Ottoman code had been largely modified at the insistence ofmoderates who believed that the sharia provisions on which it had beenbased should be supplemented by --and, if necessary subordinated to-- lawsthat could deal with modern problems" (271). In a 1964 decision, Cassation Criminal 59/64, p. "Arab Honor's Price: A Woman's Blood." New York Times, 2 June 1999, pp. Bedouin Tribal Influence Modern Jordanians like to believe that the tribal customs of theBedouins which date back before the Arab Conquest to the Age of Ignoranceno longer have much applicability. In mid-1999 the Ministry of Justice introduced a bill in Parliamentto abolish Art. The position of theJordanian government is that it is not bound by such obligations because itexpressly made a reservation in ratifying CEDAW against its provisionsdeclaring that women are equal in family relations. doing away with an exemption from the death penalty for thoseconvicted" of honor killings (Jordan: Death Penalty A 8). Middle East Legal Systems. 2 2 (Internet:http:// news.nationalgeographic.cn/news/2 2/ 2/ 212_ 2 212_ honorkillg.html, 1-4.Ottoman Imperial Penal Code of 1858.Penal Code of Egypt (Article 237) (1948).Penal Code of Jordan (Articles 34 and 98 (No. 18, 1979, G.A. This defeatoccurred despite the support for that bill of the widowed Queen Noor, thecurrent Queen Rania, Crown Princes Ali and Ghazi and a national petitionsigned by 15, persons. 34 is the concept of subordination of females tomale rule, as indicated by the use of the Ottoman terms "female unlawfuls"and "unlawful bed" (Abu-Odeh 289). Metz said the same thing in blunter terms in 199 : "Sharia also wasimportant in the criteria for justifiable homicide. org/press/1999/honorpr.htr., 1).Mann, Judy. Article 34 of the Jordanian Penal Code Analyzed Under the Convention on the Elimination of All Forms of Discrimination Against Women." American International Law Review 16, Sept. Arnold says the Jordanian Code, by adding theTurkish terms "female unlawfuls" and "unlawful bed" expands still further"the number of beneficiaries of the excuse" (Abu-Odeh 292). 16, 196 ).Art. a cherishedconcept that stretches back over many centuries" (Jordan: Killing 51). 2 (Internet:// www.jordanembassyUS.org/ 122 .htm, 1).Jehl, Douglas. 34 and 98 of the Jordanian Penal Code have since theirenactment and especially since the referenced 1964 decision of the Court ofCassation served to sanction or at least to reduce the effectiveprosecution and punishment of male family members who have committed honorkillings against their female relatives. Abu-Odeh says that subsequent Jordaniancase law permits fathers to kill their daughters after hearing that theywere pregnant and brothers could kill sisters two days after hearing thatthey were committing adultery, and still managed to be granted totalexcuse" (294). 34 tracks similarlanguage in Article 237 of the 1948 Egyptian Penal Code, Article 548 of theSyrian Penal Code and Article 562 of the Lebanese Penal Code (Feldner 45).Amin also said that the Jordanian Penal Code was "mainly modeled after theSyria Penal Code" (26 ). Doc. Applicability of the Shari'a and Other Islamic Traditions According to Feldner, the current Jordanian "Islamic establishmentadopts a legalistic approach to the teachings of Islam, arguing that honorkillings are not prescribed in the Qur'an" (46). One Muslim custom that was evident in that Code and whichlater appeared in Art. 34 . The bill was approved by the Upper House ofNotables. In late 2 1, the New York Times reportedthat the Jordanian Cabinet had "changed the law on so-called honor crimes .. Article 1 6 of theConstitution provides that shari'a will be applied in the religious courts.In contrast, criminal cases are the exclusive jurisdiction of non-sectariancivil courts. 98supplements Art. A/34/46 (1979), 1249 U.N.T.S. International Law as a Source of Jordanian Law In 1978, Jordan executed and in 1992 it ratified the United NationsConvention for the Elimination of All Forms of Discrimination Against Women(CEDAW). GAOR, 34th Sess., Supp No. The legal effectof this cabinet action is, however, unclear since the power of theexecutive branch to enact permanent laws without the assent of Parliamentis questionable. No penalty was imposedfor the immediate killing of someone who defiled a person's or a family'shonor" (273). However, according to Feldner, the leadership of the IslamicAction Front said that "male relations should punish their female relations[for sexual infractions] and not leave this duty to the state" and the deanof Zarga University's Shari'a College said that under shari'a a wife'sadultery is an exception to the rule against private vengeance (45). 98 benefits only male members of thefamily who kill, unlike European (and Turkish provisions) which today applyequally to both genders (See Art. The preservation of family honor "was long the bedrock of Jordaniansociety, particularly for the original inhabitants of Bedouin descent"(Jordan: Killings 51). 34 . Inits support, Jehl quoted a 1 th century Arab poet al-Motanabe "Your utmosthonor will not be cleansed, until blood is spilled" (A 1 & A 8). 46 at 193, U.N. 64."Jordanian Law Excuses Murder." (Internet: http://www.hrw. Much but not all of the terminology of Art. By the time the JordanianParliament adopted the current Penal Code in 1956, several neighboringcountries, including Egypt, Lebanon and Syria had already adopted new penalcodes. And, asArnold points out, "Jordan has one of the most lenient penal codes in theMiddle East, as its scope is greater than most other Middle Eastern lawsthat regulate honor killings" (1363). Art. However, in another sense, Feldner says, "the Islamicists . Metz said that the Jordanian Penal Code was based on the 1949 Syrianand Lebanese Penal Codes, which in turn were modeled on French counterparts(271). Department of State estimate, depending onwhether official accounts are believed (Jordanian Law 1; and Mann 1).Whatever the accurate figure, due to its small population, "Jordan has thehighest rate of honor killings in the world" (Arnold 1347). In 2 1, the Court of Cassation, perhaps influenced by the King andhis advisors, reversed the sentence of six months given to a man who hadmurdered his divorced sister. Background and Basic Facts Arnold defines honor crimes as "a range of violent acts against womensuch as murder, attempted murder, acid attacks, dowry deaths, and femaleinfanticide" (1346). Influence of European and Other Codes. Thenumber of honor killings committed in Jordan ranges from approximately 2 per year to roughly 8 , U.S. Unfortunately, such women cannot checkthemselves out. According to Metz, "until the nineteenth century, theonly source of law considered to be valid in controlling criminal activityin the region that was to become Jordan was Islamic religious law, orshari'a" (27 ). The normal sentence for murder inJordan is life imprisonment or, in some instances, death. 51 of the current Turkish Penal Code inAnsay & Wallace (183)). She says that "murder is considered an honor killingwhen a person, typically a youthful male, kills a female relative becauseshe has allegedly engaged in illicit sexual activity" (1346-1347). 98 (No. Although the Ottoman Penal Code of 1858 was powerfully influenced bythe French Penal Code of 181 , Metz said that "in effect it complementedsharia inasmuch as the French code was modified to accommodate Muslimcustoms" (271). 98 states: "He who commits a crime in a fit of fury caused by anunlawful and to some extent dangerous act committed by the victim benefitsfrom a reduction in penalty." (Penal Code of Jordan, Art. 34 , tribal leader Trad Fayez enteredinto the record the following statement which sounds more like the 6th thanthe 2 th century:"A woman is like an olive tree. "A Desperate Woman Is Denied Asylum." Washington Post, 2 Feb. "Murder in the Name of Honor: Violence Against Women in Jordan and Pakistan." Emory Law Review 14, Fall 2 :1523-158 .----------------------- 13 However, during the debate in Parliamenton the proposed abolition of Art. 51."Jordan: Man Receives 'Increased' Sentence of Ten Years for Murder of Sister." IPR Strategic Business Information Database, 29 Oct. It is unclearwhether technically shari'a applies to honor crimes, but the pre-1999approach of the Jordanian government and society toward the prosecution andpunishment of such crimes has deep roots in Islamic and Bedouin tribalcustoms and traditional beliefs. "Are the Perpetrators of Honor Killings Getting Away With Murder? Under these circumstances, theposition of the Jordanian government, namely, that honor killings are notcountenanced by Islam runs counter to reality. In response to international criticism of Jordan's traditionally laxapproach to the prosecution and punishment of honor crime killers, theJordanian government has recently attempted, with only partial success, toabolish Art. 34 In late 1999 and early 2 , the Lower House or House ofRepresentatives twice rejected the bill to abolish Art. Although other non-Muslim societies such as India and many LatinAmerican countries condone or acquiesce in honor killings, only Islamicsocieties specifically provide them with statutory legal sanction. 16, 196 ).Penal Code of Lebanon (Article 562 (1948).Penal Code of Syria (article 548 (1949).Ruane, Rachel A. 2 1, p. Res. Rejection of the bill was supported, according to a JordanTimes poll, by 62 percent of respondents (Feldner 44). However, the Jordanian version, as ithas been interpreted in the 1964 decision of the Court of Cassation,expands the excuse to cover crimes of honor rather than merely crimes ofpassion. . The Syrian, Lebanese and Jordanian versions of Art. . If this paper is not what you are looking for, you can search again: Search for: or Click here to request an essay written just for you.