Afghan President Signs Law "Legalizing Rape"

Afghanistan's President, Hamid Karzai, has signed a law which "legalizes" rape, women's groups and the United Nations warn. Critics claim the president helped rush the bill through parliament in a bid to appease Islamic fundamentalists ahead of elections in August.


In a massive blow for women's rights, the new Shia Family Law negates the need for sexual consent between married couples, tacitly approves child marriage and restricts a woman's right to leave the home, according to UN papers seen by The Independent.

"It is one of the worst bills passed by the parliament this century," fumed Shinkai Karokhail, a woman MP who campaigned against the legislation. "It is totally against women's rights. This law makes women more vulnerable."

The law regulates personal matters like marriage, divorce, inheritance and sexual relations among Afghanistan's minority Shia community. "It's about votes," Ms. Karokhail added. "Karzai is in a hurry to appease the Shia because the elections are on the way."

The provisions are reminiscent of the hardline Taliban regime, which banned women from leaving their homes without a male relative. But in a sign of Afghanistan's faltering steps towards gender equality, politicians who opposed it have been threatened.

"There are moderate views among the Shia, but unfortunately our MPs, the people who draft the laws, rely on extremists," Ms Karokhail said.

The bill lay dormant for more than a year, but in February it was rushed through parliament as President Karzai sought allies in a constitutional row over the upcoming election. Senator Humeira Namati claimed it wasn't even read out in the Upper House, let alone debated, before it was passed to the Supreme Court. "They accused me of being an unbeliever," she said.

Details of the law emerged after Mr. Karzai was endorsed by Afghanistan's Supreme Court to stay in power until elections scheduled in August. Some MPs claimed President Karzai was under pressure from Iran, which maintains a close relationship with Afghanistan's Shias. The most controversial parts of the law deal explicitly with sexual relations. Article 132 requires women to obey their husband's sexual demands and stipulates that a man can expect to have sex with his wife at least "once every four nights" when traveling, unless they are ill. The law also gives men preferential inheritance rights, easier access to divorce, and priority in court.

A report by the United Nations Development Fund for Women, Unifem, warned: "Article 132 legalizes the rape of a wife by her husband".

Most of Afghanistan's Shias are ethnic Hazaras, descended from Genghis Khan's Mongol army which swept through the entire region around 700 years ago. They are Afghanistan's third largest ethnic group, and potential kingmakers, because their leaders will likely back a mainstream candidate.

Even the law's sponsors admit Mr. Karzai rushed it through to win their votes. Ustad Mohammad Akbari, a prominent Shia political leader, said: "It's electioneering. Most of the Hazara people are unhappy with Mr. Karzai."

A British Embassy spokesman said diplomats had raised concerns "at a senior level".

Enjoy this piece?

… then let us make a small request. AlterNet’s journalists work tirelessly to counter the traditional corporate media narrative. We’re here seven days a week, 365 days a year. And we’re proud to say that we’ve been bringing you the real, unfiltered news for 20 years—longer than any other progressive news site on the Internet.

It’s through the generosity of our supporters that we’re able to share with you all the underreported news you need to know. Independent journalism is increasingly imperiled; ads alone can’t pay our bills. AlterNet counts on readers like you to support our coverage. Did you enjoy content from David Cay Johnston, Common Dreams, Raw Story and Robert Reich? Opinion from Salon and Jim Hightower? Analysis by The Conversation? Then join the hundreds of readers who have supported AlterNet this year.

Every reader contribution, whatever the amount, makes a tremendous difference. Help ensure AlterNet remains independent long into the future. Support progressive journalism with a one-time contribution to AlterNet, or click here to become a subscriber. Thank you. Click here to donate by check.

DonateDonate by credit card

Close

Thanks for your support!

Did you enjoy AlterNet this year? Join us! We're offering AlterNet ad-free for 15% off - just $2 per week. From now until March 15th.