By Hyo-Jin Paik
Impunity Watch Reporter, Asia

KABUL, Afghanistan – A new version of Afghan marriage law no longer requires a wife to submit to sex with her husband, only that she perform certain housework.  The original law required the wife to submit to the husband’s sexual advances every four days.  This sex clause was met with international condemnation for appearing to legalize marital rape.

This marriage law applies only to the minority Shiite Muslims in Afghanistan, and the 10% Shiite minority is allowed to settle family affairs under their own jurisprudence under the Afghan Constitution.  Nevertheless, the critics considered the law as a return to the old Taliban-era rules when the Afghan government is supposed to be promoting democracy and human rights.

The United Nations released a statement saying, “The United Nations has had concerns about parts of the law that do not conform with international law, particularly in regard[s] to the rights of women.”

Afghan Shiite women protesting the original marriage law (Source: AP)

The revised law now says the wife need only do housework that the couple agreed at the time of their marriage, and the clause requiring the women to obtain her husband’s permission to leave the house and the sex clause have been deleted.

The new draft appears to give women more freedom, stating that a woman is the “owner of her property and can use her property without the permission of her husband.”  However, although the new draft may be seen as a move towards better protection of women’s rights, many activists argue that the government has not done enough to make a significant change in the women’s daily lives. 

Women’s advocate Shukria Barakzai said, “We need a change in customs, and this is just on paper.  What is being practiced every day, in Kabul even, is worse than the laws.”  She remained skeptical as to how much change the new law will bring to the women’s lives, adding, “Still there are forced marriages and child marriages…and the lack of access to divorce.”

Although the revised law is likely to be approved, it is unclear how long it will take the parliament to take up the draft since the legislature is in recess for the next two weeks.

For more information, please see:

The Huffington Post – Afghan Marriage Law No Longer Legalizes Rape – 9 July 2009

MSNBC – Afghanistan revises contentious marriage law – 9 July 2009

Telegraph – Afghanistan revises marriage law but women still required to submit to sexual intercourse – 9 July 2009