CNN
written by Farid Ahmed and Moni Basu
Tuesday March 29, 2011
Shariatpur, Bangladesh (CNN) -- Hena Akhter's last words to her mother proclaimed her innocence. But it was too late to save the 14-year-old girl.
Her fellow villagers in Bangladesh's Shariatpur district had already passed harsh judgment on her. Guilty, they said, of having an affair with a married man. The imam from the local mosque ordered the fatwa, or religious ruling, and the punishment: 101 lashes delivered swiftly, deliberately in public.
Hena dropped after 70.
Bloodied and bruised, she was taken to hospital, where she died a week later.
Amazingly, an initial autopsy report cited no injuries and deemed her death a suicide. Hena's family insisted her body be exhumed. They wanted the world to know what really happened to their daughter.
Sharia: illegal but still practiced
Hena's family hailed from rural Shariatpur, crisscrossed by murky rivers that lend waters to rice paddies and lush vegetable fields.
Hena was the youngest of five children born to Darbesh Khan, a day laborer, and his wife, Aklima Begum. They shared a hut made from corrugated tin and decaying wood and led a simple life that was suddenly marred a year ago with the return of Hena's cousin Mahbub Khan.
Mahbub Khan came back to Shariatpur from a stint working in Malaysia. His son was Hena's age and the two were in seventh grade together.
Khan eyed Hena and began harassing her on her way to school and back, said Hena's father. He complained to the elders who run the village about his nephew, three times Hena's age.
The elders admonished Mahbub Khan and ordered him to pay $1,000 in fines to Hena's family. But Mahbub was Darbesh's older brother's son and Darbesh was asked to let the matter fade.
Many months later on a winter night, as Hena's sister Alya told it, Hena was walking from her room to an outdoor toilet when Mahbub Khan gagged her with cloth, forced her behind nearby shrubbery and beat and raped her.
Hena struggled to escape, Alya told CNN. Mahbub Khan's wife heard Hena's muffled screams and when she found Hena with her husband, she dragged the teenage girl back to her hut, beat her and trampled her on the floor.
The next day, the village elders met to discuss the case at Mahbub Khan's house, Alya said. The imam pronounced his fatwa. Khan and Hena were found guilty of an illicit relationship. Her punishment under sharia or Islamic law was 101 lashes; his 201.
Mahbub Khan managed to escape after the first few lashes.
Darbesh Khan and Aklima Begum had no choice but to mind the imam's order. They watched as the whip broke the skin of their youngest child and she fell unconscious to the ground.
"What happened to Hena is unfortunate and we all have to be ashamed that we couldn't save her life," said Sultana Kamal, who heads the rights organization Ain o Shalish Kendro.
Bangladesh is considered a democratic and moderate Muslim country, and national law forbids the practice of sharia. But activist and journalist Shoaib Choudhury, who documents such cases, said sharia is still very much in use in villages and towns aided by the lack of education and strong judicial systems.
Last month, the court asked the government to explain what it had done to stop extrajudicial penalty based on fatwa. It ordered the dissemination of information to all mosques and madrassas, or religious schools, that sharia is illegal in Bangladesh.
"The government needs to enact a specific law to deal with such perpetrators responsible for extrajudicial penalty in the name of Islam," Kamal told CNN.
The United Nations estimates that almost half of Bangladeshi women suffer from domestic violence and many also commonly endure rape, beatings, acid attacks and even death because of the country's entrenched patriarchal system.
Hena might have quietly become another one of those statistics had it not been for the outcry and media attention that followed her death on January 31.
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