KABUL – A new Afghan law that has drawn western condemnation for restricting women’s rights does not allow marital rape as its critics claim, but lets men refuse to feed wives who deny them sex, the cleric behind it says.
Ayatollah Mohammed Asef Mohseni’s Shia personal status law sparked controversy abroad because of a provision that “a wife is obliged to fulfil the sexual desires of her husband”.
This was read by some as an open door to marital rape and, together with clauses restricting women’s freedom of movement, was denounced as reminiscent of harsh Taliban-era rules.
The law has been criticised by western leaders including US president Barack Obama, who described it as “abhorrent”.
Afghan president Hamid Karzai, who signed the law last month, has since put it under review. Ayatollah Mohseni however said the law – which only applies to the 15 per cent of Afghans who are Shia Muslims – had been misinterpreted by critics. Its sexual clauses aimed only to ensure men’s sexual needs were met within marriage, because Islam prohibited them seeking satisfaction with other women, he said.
“Why should a man and woman get married if there is no need for a sexual relationship? Then they are like brother and sister,” he said during an interview in his recently built central Kabul mosque and university complex.
A man and wife could negotiate how often it was reasonable to sleep together, based on his sex drive, and a woman had a right to refuse if she had a good reason, said the cleric. “It should not be compulsory for the wife to say yes all the time, because some men have more sexual desires than others,” he said, adding that husbands should never force themselves on their wives and the law did not sanction that.
Women though did have a duty to meet their husband’s needs. “If a woman says no, the man has the right not to feed her,” Ayatollah Mohseni said. The law allows women to work, so they could theoretically refuse sex and support themselves, but in mainly rural Afghanistan, most women are dependent on husbands.
The law is milder than the severe restrictions imposed by the Sunni Muslim Taliban, who banned all women and girls from work or study and from leaving the home without a male relative.
Opponents still consider it a step backwards. They also want to strike down a provision that says women can leave their home freely for work, education or medical care, but otherwise require their husband’s permission to go out.
Ayatollah Mohseni said this was not a final word – if women wanted more freedom of movement, they could ask for it to be included in their marriage contract. “If he says no, she can marry someone else,” he added.
However in Afghanistan, most marriages are arranged and women’s low social status would make it hard for most to refuse a union.
Another measure in the law described as demeaning by rights groups is a requirement that women wear make-up if their husbands wish. The ayatollah said this was to protect relationships.
“When men venture outside they see lots of other women with make-up, but he comes home and finds his own wife with a dirty face,” he said. “This is mentioned to encourage men to have more interest in a social and personal life with his wife.”
Opponents of the law say it codifies traditional practices that are not required by Islam. Qazimiya Muhaqaq, professor of political science at Katib University and one of a group of women involved in a demonstration against the law this week, said yesterday the law made women bow to their husbands.
“A woman and man must satisfy each other; it’s natural, they are in a relationship, but this law states that, whenever a man wants, the woman is obliged to satisfy her husband,” she said.
Ayatollah Mohseni has been closely following the international debate about the law, condemning Nato secretary general Jaap de Hoop Scheffer for his criticism and saying Mr Obama had spoken in ignorance.
The cleric had hoped critics of the law would seek him out to get a better understanding of its contents, but he said he was disappointed by them. “Without proper reading, people make their own opinions about the law, which I really regret,” he said. – (Reuters)