Every single person who has been following the case of Ghosun and has read about her tormenters’ execution a few days ago felt that the cause of justice had been served. Everyone, that is, except the killer’s parents, who naturally, as parents, grieve the loss of their son. But where were they when their granddaughter was being tortured to death by her father? They could not have been blind to the signs of abuse on her fragile body; yet, they chose to ignore them; or, maybe, they tried to talk their son into being more merciful and humane toward his own flesh and blood, but failed. What is their responsibility in this tragedy? Could they have done more to save Ghosun?
The horrible and barbaric murder of nine-year-old Ghosun in 2006 had sent shock waves and condemnations across the country. The execution of the father and stepmother for killing Ghosun has put an end to the case, but it should not put an end to addressing the issue of child abuse. The case of Ghosun and of abused children in general indicate not only a failure in the system to act and protect innocent victims of abuse, but also a failure in society to recognize the rights of mothers and to advocate that right. After losing custody of Ghosun when she turned seven, the biological mother tried to regain custody by knocking on the doors of every official and authority she could reach because she knew that her daughter was suffering. But no one believed her and no one acted. In a society where the father’s rights are a priority even over police intervention and investigation, a mother can have a difficult time establishing her right to even visit her children, although that is her right. And she can face an impossible task in proving abuse by father despite evidence, as was the case with Ghosun.
Ghosun’s mother and father divorced a long time ago, after she suffered for years from his physical abuse, even while she was pregnant with Ghosun. She kept custody of the girl in accordance with Islamic law until the girl turned seven, when the father began demanding the child’s custody, especially since the mother had remarried, even though he rarely visited his daughter or paid for her expenses. The mother tried with the courts to get her daughter back, but they refused and allowed her only visitation rights, which the father denied. When she did manage to see or talk to her daughter, she noticed signs of abuse and reported that to the police, but to no avail. Even the father’s brother intervened on her behalf and actually took the girl away from his brother to raise her in his home, but his brother, the father, accused him of kidnapping his daughter and got her back. Those who knew the father claim that he was “mentally disturbed” and always had problems with his neighbors and at the workplace.
The legal system follows a strict adherence to Islamic law that states that a divorced father is to have custody of his daughter when she turns seven. This is the general rule, but there can always be exceptions; Islam is much more flexible, merciful and understanding in applying its rules. Before granting custody, the judge should determine who is the better parent and which household is better for the child, based on credible witnesses and professional opinions on the character and behavior of the parents. In cases of visitation rights, the court should issue enforceable orders for visitation through the police with clear punishment if there was no compliance. As for cases of alleged abuse filed with the police or public prosecutor, they should be able to send an investigator and a social worker through the Ministry of Social Affairs to investigate and follow up on the case if the allegations are found to be or suspected to be correct.
Accessible and easy means should be provided for mothers and children themselves to complain of abuse, whether physical or sexual. School staff of all levels should be equipped and trained to recognize and handle any sign or complaint of abuse. Hospitals and medical clinics everywhere should have a clear and unified process and authority to respond to cases of abuse, especially sexual abuse where, regretfully, until now, the level and speed of response are generally inadequate. Hotlines should be installed with a fully trained professional at the other end of the line available 24 hours a day for reporting child abuse anonymously. Raising awareness, not only that of parents but also of children, is very important. Unfortunately, many parents do not differentiate between discipline and abuse and can go overboard in punishing their child for even the slightest misbehavior. Many parents believe it is their right to treat their child as they please. Children should also be aware of their rights and be encouraged to speak up, something that our society does not usually tolerate or allow.
The rising rate of abuse cases against children should ring alarm bells prompting us to act to protect abused children before it is too late. We, as a Muslim society, should not allow another Ghosun to die because of our negligence and complicity. Shame on us if it happens again, and I pray it does not. I am hopeful that, with the recent attention given to domestic violence especially of children at the highest levels, whether by means of societies and organizations catering to protecting families or the to-be-established family courts, we will prevent the recurrence of such tragedies.
