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Page added on January 5, 2014

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

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

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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19 Comments on "Fiqh Academy VP condemns Sexual Offenses Bill for conditional criminalisation of marital rape"

  1. DMF on Sun, 5th Jan 2014 7:51 PM 

    One word to sum this fool up ‘Idiot’

  2. ilyas on Sun, 5th Jan 2014 8:41 PM 

    Your preachings are not the word of god. The word of god quran does not sanction rape, marital or otherwise. Quoting obscure hadith with murky lineages does not make what you say true.

  3. waste of time on Sun, 5th Jan 2014 8:52 PM 

    This guy is a real charmer. Infidel women are really missing out. Why don’t more people convert to these loving and peaceful practices?

  4. dr on Sun, 5th Jan 2014 8:57 PM 

    Another fake scholar hiding behind the titile Dr..

  5. Ekaloas buddy on Sun, 5th Jan 2014 8:58 PM 

    A 2007 study by the Ministry of Gender and Family revealed that in Maldives 58.2% of the women are (kept) dumb and 29.3% of the women are shamefully retarded and contribute to the abuse of women in the Maldives now and in the future.

    This Fiqh Academy moron is right to condemn the bill, but not because it’s criminalizing marital rape, but because it’s NOT criminalizing marital rape.

    Any form of violence, abuse, .. against women is completely unacceptable. Obviously that includes marital rape.

  6. Sheik Faqeeh Moosa on Sun, 5th Jan 2014 11:50 PM 

    This is what they have learned to live, these Mullahs have to utilize their knowledge and have the rights make their living out of what they have mastered. Islam has the answer for everything and when you believe whatever Islam teaches are divine decree, you are trapped in a situation that you can’t get out of it. Maldivian do love Islam more than their wife or children. We have seen the situation where people can’t accept their own children if they were born out of wedlock though they are fully aware that these children came out of their actions. They think even they mate without such ritual bond ,the children don’t carry their DNA, because the whole affair is connected with Islam, it is Islam’ decision that these children don’t belong to the man who impregnated the women and even such fathers can have sex with such children because legally they don’t belong to them. You can’t get out of this quagmire unless you overcome from the illusion of divinity in Islam

  7. hawke on Sun, 5th Jan 2014 11:54 PM 

    Lol . This guy should pack up and move into a cave .

  8. seyku on Mon, 6th Jan 2014 1:53 AM 

    Just another sign of ignorance and too little knowledge. Indeed, hadith are not the word of God, they are the word of a fallible human being.

    As Khalifa Abu Bakr said after the death of Prophet Mohammed, those who worshipped Mohammed must realise that he is dead. Those who worship Allah know that Allah is the creator and eternal. Peace.

  9. Larry[geordie]Dodds on Mon, 6th Jan 2014 12:55 PM 

    Plenty of room in Saudi/Pakistan for this man..Surely he must know that he lives in a modern world with modern laws 2014..

  10. Aisha on Mon, 6th Jan 2014 4:15 PM 

    This so called Dr is an utter disgrace to the religion of islam.

  11. Baukalo on Mon, 6th Jan 2014 4:41 PM 

    seyku, you use the words of the fallible human being doing justify your views?

    He is not sanctioning rape marital or otherwise, retarded smart arses. He is pointing out how inconceivable one would deny each others rights when they consented to marriage which gives each other these rights. If they do not fulfill the contract of marriage they are sinful, and will be punished in the hereafter. The point of him ends there.

    The point where you guys move further it, forcing to take a right by abuse and force is another matter entirely which everyone already agrees is improper. Just because one has the right to accept the blood money or get him killed does not give him the right to take matters into his own hand and go beat the crap out of murderer and kill him or get the money from his bank.

    If the wife refuses to give this right, Qur’an states the course of action to be taken, I am sure you retarded have already quoted it many a times to show the evil Qur’an and Islam, look for keyword ‘beat’

  12. Andrew Andreas on Mon, 6th Jan 2014 4:43 PM 

    This has to viewed from a wider context.

    Deep inside, anyone with logical thinking, knows, what we portray now as religion, is nothing but a concoction of deluded con-artists.

    Ask the question to yourself, would the creator ever be shy and whisper ways to live to an individual, when he knows all along that the human kind would go astray at the slightest twist of wind?
    By believing what the current dumbos preach, it’s you who are questioning the power of Creator. It’s illogical and unforgivable.

  13. Ismail Yoosuf on Mon, 6th Jan 2014 6:53 PM 

    What when in a situation where 1. a case for dissolution of marriage is in court. 2.while a divorce case is fuled either by husband or wife is pending in court. OR 3. During a mutually agreed seperation??, what if both indulges in sex by mutual consent??. Who is the rapist then. Wife or husband or both. Weird.
    What if in the above scenario the wife sneaks into the husbands bedroom and does anything that leads to sex. Does the husband become the rapist even then?
    Too much womens rights, western non muslim ideology in the bill.
    Dr Iyaz is right. He is being misunderstood, misquoted and his words twisted. As always.

  14. Maldivian Man on Mon, 6th Jan 2014 8:40 PM 

    Looks like the rapists are discarded by the Yaameen regime, now that they have served their purpose.

    I say reduce the figh acaedemy to rubble.

  15. jameel on Tue, 7th Jan 2014 12:17 AM 

    This is not surprising, since a sexual harasser was promoted to a post in the Malaysian Consulate by the present regime. These bearded gentlemen believe that women are there to be used as slaves for their amusement. For these good deeds, they are going to be rewarded with an unlimited amount of virgin girls in heaven, Maashaa Allah.

  16. Ravin Loony on Tue, 7th Jan 2014 12:53 PM 

    Agree or not: what ever we do we do it for a woman, we don’t even exist if not for a woman. So think twice before you harm a woman, in heaven we call them angels.

  17. latif on Tue, 7th Jan 2014 5:07 PM 

    Only a muslim would advocate the right for a man to rape his wife.

  18. Banana on Tue, 7th Jan 2014 8:10 PM 

    Looks like the rapists are upset. Like that one time when some foreigner spoke out against punishment for rape victims and those bearded rats went on a rampage.

    Oh no, they wont dare go on a rampage this time, though. Unlike Anni, who is a peace-loving hippie peacenik, Yaantey is a hardcore badass who’ll just order the army to use live-fire rounds and kill them all.

    And India and China will pat his back and say ‘nice job getting rid of those fundamentalists!’

    It’s ironic, isn’t it? These so-called ‘religious’ people brought it upon themselves.

  19. Maumoon on Sat, 11th Jan 2014 9:36 PM 

    Thee dhefuhkeheri meeheh.Facebook ga Abu Imna jahaigen meehuhn naa dhimaalah ehchi kiyaane,adhi Dr Iyaz ge namuga meehun nah naseyhah dheyne.Hypcrite never ever beleieve a word of these evil people,the like of him is a cancerous scrouge which has to be removed from the face of earth.i know this man personally


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