Afghan "Marital Rape" Law Defended

(Kabul, Afghanistan) A recent family law enacted by the Afghan government is not being enforced, at least temporarily, due to international outrage.

The law, which applies only to the Shiite minority, says a husband can demand sex with his wife every four days unless she is ill or would be harmed by intercourse, and regulates when and for what reasons a wife may leave her home alone.

Critics say the "can demand sex" provision legalizes marital rape.

The law is obviously contrary to human rights treaty obligations and is a blanket denial of equal rights for women. However, a main drafter of the law, Shiite cleric Mohammad Asif Mohseni, said the law was democratically created and approved by the legislature and signed by President Karzai. He accused Westerners of "trying to thwart democracy."

Mohseni contends that the law merely reiterates the Qu'ran, which the Afghan Constitution recognizes as the ultimate authority.

"In sharia law, it states that a woman cannot go out without the permission of her husband."

He 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. In addition, he said, a couple can opt out of this rule when signing a marriage contract.

In addition to the law prompting international pressure on Afghanistan, it also is being condemned by dozens of legislators in the country. Some believe it "encourages re-Talibanization."

The melding of Islam with the government isn't going to function, at least not on an international level. Afghanistan needs to separate the church from the state. It's sharia or a democratic government. It can't be both.