Tag: marital rape

President Yameen vetoes sexual offences bill

President Abdulla Yameen has returned the sexual offences bill passed by parliament last month for reconsideration.

According to the President’s Office, in a letter to the speaker of parliament, President Yameen provided details of issues noted by the Attorney General after reviewing the legislation (Dhivehi).

“The bill containing some provisions that are contrary to Islamic Shariah and Islamic principles was among the reasons considered for returning the bill,” the President’s Office stated.

Under article 91 of the constitution, within 15 days of receipt the president could either assent to a bill or “return the bill for reconsideration of the bill or of any amendment proposed by the president.”

The sexual offences bill was passed on December 30 with 67 votes in favour out of the 69 MPs in attendance.

Following the passage of the bill, Vice President of the Fiqh Academy Dr Mohamed Iyaz Abdul Latheef condemned the conditional recognition of marital rape as a crime and called on MPs who voted in favour to repent.

“With the exception of forbidden forms of sexual intercourse, such as during menstrual periods and anal intercourse, it is not permissible under any circumstance for a woman to refrain from it when the husband is in need,” Dr Iyaz had said on a local Islamic question and answers website.

While the bill did not categorically criminalise marital rape, it allowed for four exceptions: while a case for dissolution of the marriage is in a court, while the divorce filed by either husband or wife is pending a court, sexual intercourse to intentionally transmit a sexually transmitted disease, and during a mutually agreed separation (without divorce).

Dr Iyaz however contended that a woman must still show “complete obedience to her husband” even if she had filed for divorce.

Moreover, in cases of a revocable divorce, a man can renew the marriage during the waiting period (i’ddah) by having sexual intercourse. The woman’s consent would not be necessary in such cases, he argued.

He added however that the woman would have the right to go to court if the man’s intention of resuming the marriage was abuse.

Dr Iyaz is currently campaigning for the Hulhuhenveiru parliament seat on behalf of the religious conservative Adhaalath Party.

The contentious bill was drafted and submitted in October 2012 by now-Progressive Party of Maldives MP for Kulhudhufushi South, Mohamed ‘Kutti’ Nasheed. Nasheed wrote in the draft legislation that it was not intended to replace Shariah, explaining that it did not preclude application of a Shariah penalty for an offence specified in the bill.

The proposed law covers sexual offences ranging from adultery, homosexuality, incest, bestiality and necrophilia.

A 2007 study by the Ministry of Gender and Family revealed that 58.2 percent of female respondents agreed that they were obliged to have sex with their husbands, whilst 29.3 percent of women believed it was acceptable for a husband to beat his wife for refusing sex.

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Fiqh Academy VP condemns Sexual Offenses Bill for conditional criminalisation of marital rape

Dr Mohamed Iyaz Abdul Latheef, Vice President of the Maldives Fiqh Academy has condemned the recently passed Sexual Offenses Bill for conditional recognition of marital rape as a crime, and advised members of People’s Majlis who voted for the bill to repent.

Answering a question requesting for comments on the bill Dr Iyaz said on “mvislamqa.com” – a local Islamic Questions and Answers website – that it is a great religious obligation upon the wife to give the husband his “marital rights” when he is in need of it.

“With the exception of forbidden forms of sexual intercourse, such as during menstrual periods and anal intercourse, it is not permissible under any circumstance for a woman to refrain from it when the husband is in need.” Quoting a Hadith (sayings attributed to Prophet Muhammad) he said a woman should respond to her husband “even if she was at the kitchen stove”.

Warning of the dangers of denying it, Iyaz quoted another Hadith which states that if a husband spends the night angry with his wife, “angels will curse the woman till daylight”.

However he instructed men to be gentle with women if a health issue is causing her pain, and said in such cases women will not be cursed by angels.

The bill does not generally recognise marital rape, but it makes four exceptions where marital rape is recognised;

1. while a case for dissolution of the marriage is in a court
2. while the divorce filed by either husband or wife is pending a court
3. sexual intercourse to intentionally transmit a sexually transmitted disease
4. during a mutually agreed separation (without divorce)

Among these, the conditions and penalties for the first situation are lenient in contrast to the other three exceptions. Marital rape under normal circumstances will not be recognised as a crime even if the bill is ratified.

Referring to the conditions outlined, Dr Iyaz said that even if a woman has filed for divorce, she must still show “complete obedience to her husband”, including in having sexual intercourse with him.

The same will apply, he said, even after divorce during i’ddah (waiting period) following a revocable divorce. In case of such a divorce the man can resume the marriage by simply having sexual intercourse with her, and the woman’s consent is not necessary in resuming the marriage, he said.

However, Iyaz noted that the woman has a right to raise the issue with a judge if the man’s intention of resuming the marriage seem to be abuse.

Dr Iyaz – who is currently campaigning for People’s Majlis Hulhuhenveiru seat – said that penalties clearly stated in Islamic Shariah, such as flogging and stoning to death, cannot be replaced. “No legislative assembly has the authority to change that”.

Concluding his answer he advised everyone who voted for the bill to repent.

The bill, passed by the People’s Majlis on 30 December 2013, states that it is not a replacement for Shariah and if there is a Shariah penalty for an offense covered by the bill, it shall be applied along with the Shariah penalty.

It was drafted and proposed by Kulhudhufushi Dhekunu MP Mohamed Nasheed in October 2012, and is now awaiting ratification by the president after which it will come into force. It  covers sexual offences ranging from adultery, sexual acts between two people of the same sex, with family member, animals and even corpses.

A 2007 study by Ministry of Gender and Family revealed that in Maldives 58.2% women agree that they are obliged to have sex with their husbands even if they don’t want to and 29.3% women that took part in the study believed it is acceptable for a husband to beat his wife for refusing sex.

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