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Baad (practice)

Baad is a method of settlement and compensation whereby a female from a criminal's family is given to the victim's family as a servant or a bride.[1] It is still practiced in certain areas of Afghanistan and Pakistan, mainly among the Kochis.[2] Although baad is illegal under Afghan law, many of the victims do not know their rights, and still more are prevented from exercising them.[3]

Description edit

After a person commits a serious crime, a council of elders called jirga decides the punishment. The punishment for a smaller crime is a fine in the form of money or livestock. Standard penalty for a crime such as murder is for the offender's family to give a woman or girl to the victim's family.[1] In theory, the woman or girl is given in forced marriage to a male in the victim's family. Baad sometimes leads to domestic violence.[3]

The practice of baad has no Islamic basis. It is rather considered un-Islamic and illegal.[3] As per the Hadith, "A non-virgin woman may not be married without her command, and a virgin may not be married without her permission; and it is permission enough for her to remain silent (because of her natural shyness)." [Al-Bukhari:6455, Muslim & Others].[4]

Afghan law edit

Baad is a criminal offense under Article 517 of the 1976 Afghan Penal Code, but the Article applies only if a widow and woman above age 18 is given under Baad. According to Afghan law, the sentence for perpetrators of baad (i.e., forcing a woman into marriage and slavery through baad) cannot exceed two years of prison. No jirga elder or family is known to have been arrested or tried for taking or giving a woman or girl in baad. The practice of baad is mostly reported in Afghanistan's provinces of Kunar, Helmand and Balkh.[3][1]

See also edit

References edit

  1. ^ a b c "Afghanistan: Stop Women Being Given as Compensation". Human Rights Watch. March 8, 2011. Retrieved 2017-05-26.
  2. ^ Alissa Rubin, ed. (February 16, 2012). "For Punishment of Elder's Misdeeds, Afghan Girl Pays the Price". The New York Times.
  3. ^ a b c d "Afghan Girls Suffer for Sins of Male Relatives". Wahida Paykan. Institute for War and Peace Reporting. 26 March 2009. Retrieved 2017-05-26.
  4. ^ United Nations Office of Drugs and Crime (2009), Justice for Children in Conflict with the Law 2016-03-05 at the Wayback Machine, pp. 50, 358-361

External links edit

  • , Bibi Aisha cover story in Time magazine

baad, practice, baad, method, settlement, compensation, whereby, female, from, criminal, family, given, victim, family, servant, bride, still, practiced, certain, areas, afghanistan, pakistan, mainly, among, kochis, although, baad, illegal, under, afghan, many. Baad is a method of settlement and compensation whereby a female from a criminal s family is given to the victim s family as a servant or a bride 1 It is still practiced in certain areas of Afghanistan and Pakistan mainly among the Kochis 2 Although baad is illegal under Afghan law many of the victims do not know their rights and still more are prevented from exercising them 3 Contents 1 Description 2 Afghan law 3 See also 4 References 5 External linksDescription editAfter a person commits a serious crime a council of elders called jirga decides the punishment The punishment for a smaller crime is a fine in the form of money or livestock Standard penalty for a crime such as murder is for the offender s family to give a woman or girl to the victim s family 1 In theory the woman or girl is given in forced marriage to a male in the victim s family Baad sometimes leads to domestic violence 3 The practice of baad has no Islamic basis It is rather considered un Islamic and illegal 3 As per the Hadith A non virgin woman may not be married without her command and a virgin may not be married without her permission and it is permission enough for her to remain silent because of her natural shyness Al Bukhari 6455 Muslim amp Others 4 Afghan law editFurther information Law of Afghanistan Baad is a criminal offense under Article 517 of the 1976 Afghan Penal Code but the Article applies only if a widow and woman above age 18 is given under Baad According to Afghan law the sentence for perpetrators of baad i e forcing a woman into marriage and slavery through baad cannot exceed two years of prison No jirga elder or family is known to have been arrested or tried for taking or giving a woman or girl in baad The practice of baad is mostly reported in Afghanistan s provinces of Kunar Helmand and Balkh 3 1 See also editVani custom Watta satta Forced marriage Because I Am a Girl Arranged marriage Karo kari Women related laws in Pakistan Forced marriage Marriageable ageReferences edit a b c Afghanistan Stop Women Being Given as Compensation Human Rights Watch March 8 2011 Retrieved 2017 05 26 Alissa Rubin ed February 16 2012 For Punishment of Elder s Misdeeds Afghan Girl Pays the Price The New York Times a b c d Afghan Girls Suffer for Sins of Male Relatives Wahida Paykan Institute for War and Peace Reporting 26 March 2009 Retrieved 2017 05 26 United Nations Office of Drugs and Crime 2009 Justice for Children in Conflict with the Law Archived 2016 03 05 at the Wayback Machine pp 50 358 361External links edit Afghan Women and the Return of the Taliban Bibi Aisha cover story in Time magazine Retrieved from https en wikipedia org w index php title Baad practice amp oldid 1176381169, wikipedia, wiki, book, books, library,

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