Female foeticide

Sham Sun Nisa

During past few days no day has passed when the dailies
didn’t carry news items or some article on female foeticide or
infanticide. This trend shows the concern of Kashmiri’s over this
sensitive affair and I, being concerned with the social problems,
could not stop myself from writing on the issue.
Female infanticide has been practiced since very old times
in many parts of the world. It is commonly narrated that in pre-
Islamic Arabia killing of female infants was very common and
this fact is narrated in such a way as if it were exclusively
practiced in Pre-Islamic Arabia. However, the facts seem quite
contrary: it might have been practiced in many parts of the
world and the practice has gone unnoticed because no nation
took it seriously and historians of all ages have ignored it as it
appeared to them as a mundane affair, needing no space or
explanation in the historical accounts. It is because of the
utmost importance that Islam lays on the prevention of female
infanticide that it finds prominent place in the Islamic literature.
The practice in Arabia was that if a girl was born, she was
immediately buried alive. Sometimes the father would rear her
for some time and then, finding time, would take her to the
desert and bury her alive. This cruelty was once described by a
person before the Holy Prophet (upon whom be peace). It is
related in the first chapter of Sunan Darimi that a man came to
the Holy Prophet and narrated this incident of pre-Islamic days
of ignorance: "I had a daughter who was much attached to me.
When I called her, she would come running to me. One day I
called her and took her out with me. On the way we came
across a well. Holding her by the hand I pushed her into the
well. Her last words that I heard were: Oh father, oh father!!"
Hearing this, the Holy Prophet (upon whom be peace) wept and
tears started falling from his eyes One of those present on the
occasion said: O man, you have grieved the Holy Prophet. The
Holy Prophet said: Do not stop him, let him question about
what he feels so strongly now. Then the Holy Prophet asked
him to narrate his story once again. When he narrated it again
the Holy Prophet wept so bitterly that his beard became wet
with tears. Then he said to the man: "Allah has forgiven that
you did in the days of ignorance: now turn to Him in
repentance.'
The incident shows the concern of Prophet Mohammad
(upon whom be peace) against the female infanticide, and
outlines the Islamic view point in this matter. In Islamic
societies the practice has been abolished since then but
continues to be practiced in many other societies. For example
according to estimates in 2005, 90 million women were
estimated to be missing in seven Asian countries, apparently
because of sex-selective abortion. The Indian Medical
Association estimates that five million female foetuses are
aborted every year. In Kashmir though this practice was rarely
resorted to owing to the strong religious inclination of people,
but now the situation has changed. The matter of concern are
the census figures for child sex ratio for J&K which was 941 in
2001 has fallen to 859 in 2011. That is a decadal drop of 82.
The reasons as appear to me are that the pre-natal sex
determination tests have made it easier to kill the girl child in a
womb itself. The act doesn’t appear as horrific to people as
killing it after birth. Consequently people regard it as a minor
sin or no sin at all. However, the killing in womb is as horrific as
killing after birth, as would follow later.

Causes: The women in our society are regarded as a burden

because of various customs, e.q. the institution of dowry and
huge amount that is incurred upon the marriage of a girl, the
moral degradation in society, the difficulty in finding the mate
for a girl etc. contrary to it the male child is regarded as a boon
because he is regarded as the person who would earn for the
family and take care of the parents when they are old. The
advances in medical technology have made it possible to
determine the sex of the foetus and if found out to be female, it
is aborted.
Islam is the solution:
No law, however powerful it might be, can help in the
elimination of this practice because of the nature of this crime.
Only Islam can provide a safety to the girl child. Firstly Islam
not only prohibits female infanticide, but it forbids all types of
infanticide, irrespective of whether the infant is a male or
female. Allah says in the Qur’an: “Kill not your children for fear
of want: We shall provide sustenance for them as well as for
you. Verily the killing of them is a great sin.” (17:31).
In the verse cited above, Allah has admonished such
people for their ignorance in assuming the responsibility of
providing sustenance to their children. This is the exclusive
domain of Allah and He is the One who gives you your
sustenance. Now, He who gives it to you shall be the one who
would give it to them as well. He would take care of the needs
of your daughters as well, you need not worry.
Secondly Islam elevates the position of the women and
promises great rewards for bringing up of girl child. Islam wiped
out the concept that the birth of a daughter was in any way a
calamity. On the contrary, Islam taught that bringing up
daughters, giving them good education and enabling them to
become good housewives, is an act of great merit and virtue.
Prophet Muhammad (upon whom be peace) has said: "The
person who is put to a test because of the birth of the
daughters and then he treats them generously, they will
become a means of rescue for him from Hell." (Bukhari,
Muslim).
The Abortion after Four Months is Tantamount to
Infanticide (Ruling) “Burying infants alive or killing them is a
major sin and a heinous brutality. Aborting a foetus after four
months falls under the same category in Shari'ah, because
within four months the foetus receives the soul and treated as
a living human being.” (Mufti Muhammad Shafi in Maarif ul
Qur'an Vol. 8).
As a matter of fact the method in vogue in Kashmir for
detection of the sex of the foetus is through Sonography and by
this method the sex of the baby can be determined through
this method only when the foetus is of four months of age or in
other words the abortion to kill the girl child can be carried out
only when it has reached fourth month or in other words this
abortion is tantamount to infanticide as such the Sonologist
who determines the sex of the baby, the Gynecologist and the
other related staff who carry out the abortion are also equally
responsible for this infanticide.
If the sex of the baby is determined before four months
and abortion carried out before that time, it shouldn’t be
regarded as “allowed” – that too is a heinous crime. Surely no
doctor would like to become a party in infanticide for a few
bucks but in telling the sex of the baby, he is actually becoming
a cause of and a party to it. And in one Hadith, the Holy Prophet
has been reported to have said, "Whoever abets in the killing of
a believer by assisting the killer even with one word will be
brought before Allah on the day of Resurrection. And written on
his forehead shall be (Deprived of the mercy of Allah). (Mazhari
from Ibn Ma’jah and Isbahani)
Allah declares the predicament of those involved in the
crime, on the Day of Judgment which is sure to come: “When
the female (infant), buried alive, is questioned, for what crime
she was killed.” (81: 8-9)
The parents who buried their daughters alive would not be
asked: "Why did you kill the innocent infant?" But the innocent
girl will be asked: "For what crime were you slain?" And she will
tell her story how cruelly she had been treated by her
barbarous parents and buried alive.
The irony is that there is no sense of remorse – the criminal
may feel that he has just killed a fly or gnat— he feels happier,
elated that he has got rid of an unwanted being, an enemy in
the battle field – an unarmed soul who might be making the
pleas “papa Don’t Kill me, spare me, why are you killing me, I
have a right to live – God has given me life, you have no right
to snatch it.” but it goes unheard and on the Day of Judgement
the question would be posed to her, “For what crime were you
slain“ and when she declares her innocence, the father would
be put to enormous shame and helplessness, unable to defend
himself – he would have no excuse, helpless – he would be as
helpless as his daughter was when he killed her. He would
regret, but of no avail.
He alone would not be in the dock, but those who helped in
the process – Gynaecologists, nurses, Sonologist — too would
be put to harsh trial. There would be no hiding place for them.
Author is Lecturer of Sociology at Govt. Degree College (Boys)
Anantnag.
Sham Sun Nisa
D/o Manzoor Ahmad Dar
R/o Zirpora, Bijbehara Anantnag