Baad is a method of settlement and compensation whereby a female from a

criminal In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Ca ...

's family is given to the victim's family as a

servant A domestic worker or domestic servant is a person who works within the scope of a residence. The term "domestic service" applies to the equivalent occupational category. In traditional English contexts, such a person was said to be "in service ...

or a

bride A bride is a woman who is about to be married or who is newlywed. When marrying, the bride's future spouse, (if male) is usually referred to as the '' bridegroom'' or just ''groom''. In Western culture, a bride may be attended by a maid, br ...

. It is still practiced in certain areas of

Afghanistan Afghanistan, officially the Islamic Emirate of Afghanistan,; prs, امارت اسلامی افغانستان is a landlocked country located at the crossroads of Central Asia and South Asia. Referred to as the Heart of Asia, it is bord ...

and

Pakistan Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...

, mainly among the Kochis. Although baad is illegal under Afghan law, many of the victims do not know their rights, and still more are prevented from exercising them.

Description

After a person commits a serious

crime In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Ca ...

, a council of elders called ''

jirga A jirga ( ps, جرګه, ''jərga'') is an assembly of leaders that makes decisions by consensus according to Pashtunwali, the Pashtun social code. It is conducted in order to settle disputes among the Pashtuns, but also by members of other ethni ...

'' decides the punishment. The punishment for a smaller crime is a fine in the form of money or

livestock Livestock are the domesticated animals raised in an agricultural setting to provide labor and produce diversified products for consumption such as meat, eggs, milk, fur, leather, and wool. The term is sometimes used to refer solely to anima ...

. Standard penalty for a crime such as murder is for the offender's family to give a female to the victim's family. In theory, the female is given in forced marriage to a male in the victim's family. In practice, the female given in baad becomes an equal member of the new family and as a

domestic worker A domestic worker or domestic servant is a person who works within the scope of a residence. The term "domestic service" applies to the equivalent occupational category. In traditional English contexts, such a person was said to be "in service ...

. Baad sometimes leads to domestic violence. The practice of baad has no Islamic basis. It is rather considered un-Islamic and illegal. As per the

Hadith Ḥadīth ( or ; ar, حديث, , , , , , , literally "talk" or "discourse") or Athar ( ar, أثر, , literally "remnant"/"effect") refers to what the majority of Muslims believe to be a record of the words, actions, and the silent approval ...

, "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)." l-Bukhari:6455, Muslim & OthersUnited Nations Office of Drugs and Crime (2009),
Justice for Children in Conflict with the Law
pp. 50, 358-361

Afghan law

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 legal system of Afghanistan consists of Islamic, statutory and customary rules. It has developed over centuries and is currently changing in the context of the rebuilding of the Afghan state. The supreme law of the land is the Sharia. In addit ...

, 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 girl in baad. The practice of baad is mostly reported in Afghanistan's provinces of Kunar,

Helmand Helmand (Pashto/Dari: ; ), also known as Hillmand, in ancient times, as Hermand and Hethumand, is one of the 34 provinces of Afghanistan, in the south of the country. It is the largest province by area, covering area. The province contains 13 ...

and

Balkh ), named for its green-tiled ''Gonbad'' ( prs, گُنبَد, dome), in July 2001 , pushpin_map=Afghanistan#Bactria#West Asia , pushpin_relief=yes , pushpin_label_position=bottom , pushpin_mapsize=300 , pushpin_map_caption=Location in Afghanistan ...

References

{{reflist

External links

"Afghan Women and the Return of the Taliban"
Bibi Aisha cover story in ''Time'' magazine Women's rights in Afghanistan Afghan culture Pashtun culture Violence against women in Afghanistan

Description

Afghan law

See also

References

External links