Moghissi said that even though most Mideast countries have adopted European-style codes of civil law, Muslim Sharia law tends to guide personal laws and relations, with the women slotted into subservient roles.
“It means that, first of all, if she’s below 18, she needs the permission of the father [to marry],” Moghissi explained. “Once she enters that marriage, she is bound by certain regulations in terms of obedience.”
It appears that two members of the Shafi family circle fell afoul of both requirements.
In her e-mail, Masoomi said that 19-year-old Zainab had been beaten by her father and older brothers, and “had been receiving death threats.” She had carried on a romantic relationship, not approved by her father, with a young Pakistani man in Montreal.
Masoomi's sister, Rona, was seeking a divorce so that she could get on with her life.
“It must be known, in Afghani tradition, only the husbands are allowed to divorce their wives, which Mr. Shaffi [sic] had refused to do for my sister for 20 years, despite the demands of our brothers,” Masoomi wrote.
In both instances, Rona and Zainab were defying the wishes of the family patriarch.
“Defiance is a very important article in the civil code of many Muslim countries,” said Moghissi. “If a woman refuses to respect some of these legal rights of men and perhaps leaves the house without his permission, or if she gets engaged in extramarital relationships, that’s very harshly punishable by law.”
Moghissi said courts in countries such as Afghanistan will never order the woman put to death as punishment.
“Muslim law doesn’t require punishment. If it is adultery and he kills her, then if he can prove that [it was adultery], the law is quite lenient in the man’s punishment. It is somehow sanctioning the murder.”