Baad is a method of
settlement
Settlement may refer to:
*Human settlement, a community where people live
*Settlement (structural), the distortion or disruption of parts of a building
* Closing (real estate), the final step in executing a real estate transaction
*Settlement (fin ...
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 Can ...
's family is given to the victim's family as a
servant 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, bri ...
.
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 bordere ...
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 (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definit ...
, 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 ethnic ...
'' 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 animals ...
. Standard penalty for a crime such as
murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...
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
Domestic violence (also known as domestic abuse or family violence) is violence or other abuse that occurs in a domestic setting, such as in a marriage or cohabitation. ''Domestic violence'' is often used as a synonym for ''intimate partner ...
.
The practice of baad has no
Islam
Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic religions, Abrahamic Monotheism#Islam, monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God in Islam, God (or ...
ic 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 & Others[United 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 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.
See also
*
Vani (custom)
Vani ( ur, ونی), or Swara (), is a custom found in parts of Pakistan where girls, often minors, are given in marriage or servitude to an aggrieved family as compensation to end disputes, often murder.cf. e.g. '' Samar Minallah v. Federation of P ...
*
Watta satta
Watta satta or shighar ( ur, ،شغار،وٹہ سٹہ), is an exchange marriage common in Pakistan and Afghanistan.[Forced marriage
Forced marriage is a marriage in which one or more of the parties is married without their consent or against their will. A marriage can also become a forced marriage even if both parties enter with full consent if one or both are later force ...]
*
Because I Am a Girl
Because I Am a Girl is an international movement by the aid organization Plan. The campaign is made to address the issue of gender discrimination around the world."Discrimination against girls 'still deeply entrenched'", ''The Independent'', 15 May ...
*
Arranged marriage
Arranged marriage is a type of marital union where the bride and groom are primarily selected by individuals other than the couple themselves, particularly by family members such as the parents. In some cultures a professional matchmaker may be us ...
*
Karo kari
Honour killings in Pakistan are known locally as ''karo-kari'' ( ur, ). Pakistan currently have the top number of documented and estimated honour killings per capita of any country in the world; about 1/5 of the world's honour killings are comm ...
*
Women related laws in Pakistan
The legislative assembly of Pakistan has enacted a number of measures designed to give women more power in the areas of family, inheritance, revenue, civil and criminal laws. These measures are an attempt to safeguard women's right to freedom of s ...
*
Forced marriage
Forced marriage is a marriage in which one or more of the parties is married without their consent or against their will. A marriage can also become a forced marriage even if both parties enter with full consent if one or both are later force ...
*
Marriageable age
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