Shia Family Law

Shia Family Law is a law of Afghanistan that was approved in February 2009 with Afghan President Hamid Karzai's signature. A portion of the law pertaining to sexual relations between husband and wife has made international headlines. The United Nations Development Fund for Women, NATO, Canada, United States, Germany and other nations have come forward asking for a review of the law as it is felt that it oppresses Shiite women, taking away many of their rights in a marital relationship. Most controversially, Article 132 specifies that Shia women are required to sexually submit to their husband's demands, and are expected to have intercourse with their husband at least once every four days except in case of illness, in what has been described as spousal rape.

The new law will only affect the Shia denomination of Afghanistan, approximately six million people. Family issues had previously been decided by customary law, so it is considered an improvement on past affairs. Some Afghan politicians feel that it protects women who are weaker than men. Shia officials claim that the new law preserves the distinctions which are inherent between the Shia and Sunni Muslim religions of Afghanistan.

The bill sat without action until February when Afghan President Hamid Karzai pushed it through the parliamentary process in February 2009. "Issues that have been mentioned in the Western media, such things are not in our law," said Karzai, "We understand the concerns of our allies in the international community….If there is anything that is of concern to us then we will definitely take action in consultation with our [religious clerics] and send it back to the parliament."

Senator Humeira Namati affirmed that the legislation was not debated, nor read out in the Upper House (parliament). It was just sent to the Supreme Court.

The presidential election was in August, and Afghanistan's Supreme Court gave their approval that Karzai can remain in power. It was after this sanction that the Shia Family Law materialized.

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Wikipedia