New Afghan Shiite law provokes international outcry
The new Afghan law, passed last month, says a husband can demand sex with his wife every four days unless she is ill. A declaration said the law contradicts the country's constitution and human rights, treating women as objects rather than subjects.
THE NEW Afghan Shiite law that critics say legalises marital rape and rolls back women's rights has provoked international outcry. The law, passed last month, says a husband can demand sex with his wife every four days unless she is ill or would be harmed by intercourse and also regulates when and for what reasons a wife may leave her home alone.
Ayatullah Asif Mohseni, a top Afghan cleric who was one of the law's main drafters, termed the opposition to Shiite personal law a political interference and made it clear that he would tolerate no amendment into the law.
Addressing a press conference in Kabul, Mohseni said the legislation cannot be revoked or changed because it was enacted through a legislative process - passed by both houses of parliament and signed by president Karzai.
He condemned the outcry, saying Western countries were trying to thwart democracy when results did not please them. He insisted the legislation offers women protection.
He said, “This law is approved on the basis of democracy and this system was established here with the help of the westerners in our country, so now they should accept our democracy.”
He said that the legislation came out after three years of debate and revision involving both Islamic scholars and members of parliament.
When asked whether he will accept the amendments to the law as it has been handed over to the justice ministry for review, Mohseni said, “The justice ministry and anyone else does not have the right, if any amendments were brought in the law, it will be against the constitution, this law belongs to Islamic jurisprudence and no one can change it.”
Following an international uproar, in which president Barack Obama called the law “abhorrent”, Afghan president Hamid Karzai put it under review.
Mohsini argued that the law is permissive because it allows a woman to go out for a medical emergency or other urgent reason without asking beforehand. He said much of the uproar has come from people misinterpreting the law. Mohsini said a woman can refuse sex with her husband for many reasons beyond illness.
For example, he said, a woman may be fasting for Ramadan, preparing for a pilgrimage, menstruating, or have just given birth. Mohseni also argued that the law can be interpreted to mean simply sleeping in the same room as a couple every four nights.
Article 132 of the law says the husband has a right to sex every fourth night unless the wife is ill. The law says that every fourth day a man “can pass the night with his wife, unless it is harmful for either side, or either of them is suffering from any kind of sexual disease. It is essential for the woman to submit to the man's sexual desire.”
Mohseni said, “If she is not sick, and if she does not have another problem, it is the right of a man to ask for sex and she should make herself ready for it. This is the right of a man.”
He said that the western world should have not reacted in urgency and should have communicated their apprehensions to them in a logical way. He added, “They should send a group of experts and we are ready to debate with them on human right and satisfy them, bitter and harsh words from their side would not match for a civilised human being.”
The law has drawn criticism from a number of scholars, parliamentarians and human rights organisations. Earlier, dozens of Afghan lawmakers and officials condemned the legislation, saying it encourages so called “re-Talibanisation”.
The Afghan Constitution states that both men and women “have equal rights and duties before the law.”
Mohseni said that Islamic law obliges man to provide food, clothes, house, medicine and jewellery for wife, but a woman is obliged in the west to work and provide half of the expenses of the house.
He added, “If in poor countries, particularly in Afghanistan the rights of men and women become equal, then the man will tell women to provide half of the expenses and how an Afghan woman will be able to provide half of the expenses while strong young men are jobless?”
Mohsini went on to say, “It is not possible for all women to pay the same amount of money as men are paying. For all these expenses, cannot we at least give the right to a husband to demand sex from his wife after four nights?”
Earlier responding to criticism from around the world about the law, president Hamid Karzai had said that the justice ministry had been ordered to review the law and if anything in it contravenes the country's constitution or Shariah law, “measures will be taken”.
He said, “The minister of justice will study the whole law, every item of it very carefully and if there is anything that is of concern to us then we will definitely take action in consultation with our Ulema (religious clerics) and send it back to the parliament - you be assured of that. This is something that we are also serious about and we should not allow.”
The law, signed by president Karzai last month, is intended to regulate family life inside Afghanistan's Shiite community, which makes up 10 per cent to 20 per cent of the country's 30 million people. But the United Nations Development Fund for Women has said the law “legalises the rape of a wife by her husband”. The United States has urged Karzai to review the law.
He condemned the outcry, saying Western countries were trying to thwart democracy when results did not please them. He insisted the legislation offers women protection.
He said, “This law is approved on the basis of democracy and this system was established here with the help of the westerners in our country, so now they should accept our democracy.”
He said that the legislation came out after three years of debate and revision involving both Islamic scholars and members of parliament.
When asked whether he will accept the amendments to the law as it has been handed over to the justice ministry for review, Mohseni said, “The justice ministry and anyone else does not have the right, if any amendments were brought in the law, it will be against the constitution, this law belongs to Islamic jurisprudence and no one can change it.”
Following an international uproar, in which president Barack Obama called the law “abhorrent”, Afghan president Hamid Karzai put it under review.
Mohsini argued that the law is permissive because it allows a woman to go out for a medical emergency or other urgent reason without asking beforehand. He said much of the uproar has come from people misinterpreting the law. Mohsini said a woman can refuse sex with her husband for many reasons beyond illness.
For example, he said, a woman may be fasting for Ramadan, preparing for a pilgrimage, menstruating, or have just given birth. Mohseni also argued that the law can be interpreted to mean simply sleeping in the same room as a couple every four nights.
Article 132 of the law says the husband has a right to sex every fourth night unless the wife is ill. The law says that every fourth day a man “can pass the night with his wife, unless it is harmful for either side, or either of them is suffering from any kind of sexual disease. It is essential for the woman to submit to the man's sexual desire.”
Mohseni said, “If she is not sick, and if she does not have another problem, it is the right of a man to ask for sex and she should make herself ready for it. This is the right of a man.”
He said that the western world should have not reacted in urgency and should have communicated their apprehensions to them in a logical way. He added, “They should send a group of experts and we are ready to debate with them on human right and satisfy them, bitter and harsh words from their side would not match for a civilised human being.”
The law has drawn criticism from a number of scholars, parliamentarians and human rights organisations. Earlier, dozens of Afghan lawmakers and officials condemned the legislation, saying it encourages so called “re-Talibanisation”.
The Afghan Constitution states that both men and women “have equal rights and duties before the law.”
Mohseni said that Islamic law obliges man to provide food, clothes, house, medicine and jewellery for wife, but a woman is obliged in the west to work and provide half of the expenses of the house.
He added, “If in poor countries, particularly in Afghanistan the rights of men and women become equal, then the man will tell women to provide half of the expenses and how an Afghan woman will be able to provide half of the expenses while strong young men are jobless?”
Mohsini went on to say, “It is not possible for all women to pay the same amount of money as men are paying. For all these expenses, cannot we at least give the right to a husband to demand sex from his wife after four nights?”
Earlier responding to criticism from around the world about the law, president Hamid Karzai had said that the justice ministry had been ordered to review the law and if anything in it contravenes the country's constitution or Shariah law, “measures will be taken”.
He said, “The minister of justice will study the whole law, every item of it very carefully and if there is anything that is of concern to us then we will definitely take action in consultation with our Ulema (religious clerics) and send it back to the parliament - you be assured of that. This is something that we are also serious about and we should not allow.”
The law, signed by president Karzai last month, is intended to regulate family life inside Afghanistan's Shiite community, which makes up 10 per cent to 20 per cent of the country's 30 million people. But the United Nations Development Fund for Women has said the law “legalises the rape of a wife by her husband”. The United States has urged Karzai to review the law.
 | Previous Post |
Login
 Login through Social ID
|
