Malaysia
Husband and wife equal in Islam, Muslim women's group insists
Malay Mail

KUALA LUMPUR, April 27 — Islam does not allow a husband to force his wife to have sex as both men and women have equal rights in a marriage, a Muslim women's group insisted today, citing verses in the Quran to back its claim.

In a statement here, Sisters in Islam (SIS) said marital rape is un-Islamic, pointing out that the Quran implicitly says the relationship between man and woman in a marriage is built on mutual respect and love.

For example, SIS cited the Surat Al Ruum (30:21) of the Muslim holy book, which states: "And of His signs is that He created for you from yourselves mates that you may find tranquillity in them; and He placed between you affection and mercy. Indeed in that are signs for a people who give thought."

Another example is the Surah An-Nisa (4:19), which states: "O you who have believed, it is not lawful for you to inherit women by compulsion. And do not make difficulties for them in order to take [back] part of what you gave them unless they commit a clear immorality. And live with them in kindness."

As such, SIS said forcing a wife to have sex is not merely a physical act of torture but also an emotional one, which the group insists Islam prohibits.

"Statements sanctioning marital rape goes against the objectives of the Al-Quran, which guarantees equality in the relationship between husband and wife," the group said.

Following the launch of DAP lawmaker Yeo Bee Yin’s joint rape awareness campaign with the All Women’s Action Society (AWAM) last week, some Muslims have disagreed with a poster that said “Without her consent, it is rape. No excuse” and claimed that rape does not exist in the context of Islamic marriage.

Islamic scholars have claimed that the concept of marital rape does not even exist in Islam as women cannot deny sex to their husbands.

One such scholar is Perak Mufti Tan Sri Harussani Zakaria who said men can always have sexual intercourse with their spouses even if the latter do not agree.

“Even the Prophet says even when they're riding on the back of the camel, when the husband asks her, she must give.

“So there's no such thing as rape in marriage. This is made by European people, why should we follow?” he told Malay Mail Online when contacted yesterday as he cited the hadith or reported teachings of Prophet Muhammad.

In Malaysia, marital rape is not a legal offence, but a husband may be prosecuted and imprisoned up to five years for forcing his wife to have sex by threatening violence or by harming her.

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