{"id":15282,"date":"2021-11-24T07:00:48","date_gmt":"2021-11-24T04:00:48","guid":{"rendered":"https:\/\/stj-sy.org\/how-is-violence-against-women-enshrined-in-syrian-laws-and-society\/"},"modified":"2021-12-13T07:06:24","modified_gmt":"2021-12-13T04:06:24","slug":"how-is-violence-against-women-enshrined-in-syrian-laws-and-society","status":"publish","type":"post","link":"https:\/\/stj-sy.org\/en\/how-is-violence-against-women-enshrined-in-syrian-laws-and-society\/","title":{"rendered":"How is Violence Against Women Written into Syrian Laws and Society?"},"content":{"rendered":"

Executive Summary<\/strong><\/h4>\n

Mona, 17, from the Syrian province of al-Qunaitra, was forced into marriage when she was only 15. The man who her father forced her to marry was infertile, thirteen years older than her, and had three previous failed marriages. She knew none of this before she married him. Mona recounted to STJ:<\/p>\n

\u201cMy father said that marriage is to protect women, but he forced me into that marriage for nothing else but to take my dowry. My father did not tell me the truth about my ex-husband\u2019s social and personal status before marriage. My marriage lasted only six months, during which I suffered physical and psychological violence from my husband, who then expelled me from his home after forcibly taking the money and the gold I had. Moreover, my ex-husband refused to divorce me unless I gave up all my legal rights before the court.\u201d<\/p>\n

The absence of legal protection for victims \u2014 especially women \u2014 coupled with a fear of social stigmatization that stops battered wives from filing complaints against their husbands means that stories like Mona\u2019s are occurring throughout Syria. Syrian law considers crimes of domestic abuse as equivalent to those of \u201chitting and harming\u201d stipulated for in Article 540 et seq. of the Syrian Penal Code. Furthermore, Article 305 of the Syrian Personal Status Law allows a husband to, under certain conditions, \u201cslightly beat his wife\u201d[1]<\/a>and states that in the absence of codified laws that sufficiently address a particular matter of personal status of Muslims, based on Article 305 of the Syrian Personal Status Law, generally, the rules of Hanafi jurisprudence (fiqh) apply.[2]<\/a><\/p>\n

In turn, the Syrian Penal Code has been criticized for its inclusion of what Islamic jurists have termed \u201chonor killings\u201d,[3]<\/a> under the section of \u201cCrimes Against Morality and Public Morals\u201d. Prior to its amendment in 2009 and 2011, Article 548 of the Syrian Penal Code waived the punishment for a man tried with the murder of a female family member in a case provoked by \u201cillegitimate sex acts\u201d, granting the killer a complete “exemption of penalty” as the excuse was considered pardonable. Although this \u201cmitigating circumstances excuse\u201d for honor killings persisted in the article\u2019s later amendment, it was later adjusted to include a minimum sentence of two years, then five years. On 17 March 2020, President Bashar al-Assad issued Legislative Decree No. 2, abolishing Article 548 of the Penal Code, and with it the legal differentiation between \u201chonor killings\u201d and other murders.<\/p>\n

The ongoing Syrian conflict continues to profoundly affect the lives of women, bolstering repressive practices such as \u201cchild marriage\u201d. The Syrian Constitution of 2012 makes no mention of \u201cchild marriage\u201d, but states in Article 20: \u201cThe state shall protect and encourage marriage and shall work on removing material and social obstacles that hinder it. The state shall also protect maternity and childhood, take care of young children and youth and provide the suitable conditions for the development of their talents.\u201d<\/p>\n

Introduction<\/strong><\/h4>\n

Pervasive injustice follows Syrian women throughout their lives. Cultural norms and repressive religious discourse contribute to their violation and discrimination by enshrining male guardianship, which reinforces the power and control men have over women’s lives and choices, at times fueling violence. At the same time, misogynistic legal, political, and social systems cement men\u2019s control over employment opportunities and thus economic resources, limiting emancipatory potential and egalitarian standing.<\/p>\n

Male authority in the cases and communities discussed in this report stems from cultural, societal, and religious conventions which shape systems that turn a blind eye to, or worse, permit violence against women. A woman may not only be the victim of her violent husband, but also suffer at the hands of her father, brother, and other male relatives, including those in the extended family like grandfathers, uncles, and brothers-in-law. Violence against women is often also perpetuated by other women, who support men\u2019s authority and condone its abuses. In many of these cases, violence occurs within the domestic space; however, discriminatory laws and institutions frequently protect the perpetrators and disenfranchise the victims when that violence enters the public sphere in police stations, courts, and government offices. As a result, Syrian women experiencing violence at home are left with few laws and institutions to turn to while searching for accountability or reprieve.<\/p>\n

This report is dedicated to highlighting instances of violence against women which are often left undiscussed in the Syrian context, as well as exploring the legal barriers victims of violence confront when they attempt to seek justice.<\/p>\n

Methodology<\/strong><\/h5>\n

This paper draws on the testimonies of 20 Syrian women who disclosed their experience of male-inflicted violence at the hands of their husbands or male relatives to field researchers with Syrians for Truth and Justice (STJ) between October 2020 and February 2021. While some attempted to seek justice through Syrian courts, others did not for fear of societal stigmatization and familial blame.<\/p>\n

STJ also spoke to both male and female activists campaigning against violence against women present in the areas where the incidents this paper explores occurred. Their identities have been concealed for their safety. This paper does not include the testimonies of the relatives of the victims, or from the perpetrators themselves, especially in those cases of \u201chonor killings\u201d, because these individuals refused to speak to STJ.<\/p>\n

By closely studying the Syrian laws applicable in the 20 cases discussed in this report, and comparing them to the norms of international law, STJ\u2019s legal team identified several legal loopholes benefitting the perpetrators of violence against women. This report will describe these loopholes, and while doing so, share the experiences of several Syrian women who have confronted violence, and often, injustice within Syrian courts. By defining these loopholes, we hope to begin the conversation of how to close them because, so long as these legal outlets remain, and the culture of impunity persists, women in Syria will continue to confront escalating violence.<\/p>\n

Difficulties and Obstacles<\/strong><\/h5>\n

Among the challenges STJ researchers faced while compiling this paper were the overall security conditions in the country, as well as the restrictions imposed by the Covid-19 pandemic.<\/p>\n

However, the biggest challenge faced by our team of researchers was convincing female victims to use legal means to punish the perpetrators and free themselves from violence. This originates in a fear of society and retaliation from their relatives, as well as a deep mistrust of the effectiveness of using legal means. For some women, seeking redress through the courts would be not only ineffective but harmful, resulting in increased risk of violence from perpetrators for speaking against them.<\/p>\n

Forms of Violence Against Women<\/strong><\/h4>\n

Domestic violence against women in Syrian society takes many diverse forms, the most prominent of which is that inflicted by husband against wife. Paternal violence against children, especially girls, and a brother\u2019s violence against his sisters are also widespread. In the varied cases we discuss below, Syrian laws enshrine and uphold male superiority, failing to hold perpetrators of violence accountable.<\/p>\n

\u201cHonor\u201d Killings <\/strong><\/h5>\n

Violence against women sometimes takes the form of a crime called an \u201chonor killing\u201d. While \u201chonor killings\u201d are often commonly understood as crimes which are committed against a woman caught having an affair, they frequently occur during other scenarios, including a woman\u2019s legal marriage to a man without having first sought the consent of her family, marrying a person of a different religion or sect, or beginning a relationship with a man.<\/p>\n

The very name \u201chonor killings\u201d implies a justificatory explanation for the violent and unjust act, offering a sympathetic reasoning for the crime and constituting the first step towards impunity. The phenomenon of \u201chonor killings\u201d is unique in that society sides with the killer, and at times even encourages him.<\/p>\n