Afghanistan Shi’ite law criticized

April 4th, 2009 By: Michael van der Galien | Tags: , , ,

women in afghanistan

The West has condemned Karzai for approving a law that oppresses women. Can we expect more, though?

Reuters reports:

Afghan President Hamid Karzai said on Saturday concerns expressed by the United States and the United Nations toward a new law for Afghanistan’s Shi’ite minority and its impact on women’s rights were inappropriate.

Shi’ite Muslims account for some 15 percent of mainly Sunni Muslim Afghanistan and the Shi’ite Personal Status Law has been attacked by Afghan lawmakers for diminishing women’s rights.

Karzai has signed the law, but it has not yet come into force as it has not been promulgated in the official gazette.

The United States, NATO, Canada and the United Nations have voiced concern about the law, after some Afghan lawmakers said it legalizes marital rape, but Karzai said their criticisms were based on a wrong translation or misinterpretation of the law.

The contents of the law specifically designed for the country’s Shi’ite minority:

In a copy of the law obtained by Reuters, Article 132 states “a wife is obliged to fulfill the sexual desires of her husband.”

It also states that a husband should spend one night in every four with his wife, have sexual contact with her at least once every four months and that a woman has to wear make-up if her husband demanded it.

Article 137 also says a woman cannot inherit any of her husband’s wealth when he dies.

Amendments made to the law show that the age of marriage for women was raised to 16 from nine and that a woman would be allowed to leave her home unaccompanied for medical treatment, to go to work or for her education.

In other words, they won’t be able to live like we would like, but they’re less bad off than they were when the Taliban still ruled the country. They forced women to stay inside, they weren’t allowed to work, nor to be educated. This law isn’t made in heaven (no pun intended), but it’s not as bad as it could have been either.

The most important question we all have to ask ourselves in the West is: in how far do we want countries like Afghanistan to modernize and Westernize? Do we think we can force them into becoming more like us, or should we accept a compromise? If so, we might just be forced to accept this law that’s highly unfriendly to women, knowing that if we put too much pressure on highly conservative Afghan society it may just rebel altogether and adopt even more conservative and oppressive laws.

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  1. Michael Merritt
    April 4th, 2009 at 21:53
    Reply | Quote | #1

    knowing that if we put too much pressure on highly conservative Afghan society it may just rebel altogether and adopt even more conservative and oppressive laws.

    I find there’s wisdom to this statement. Even here, in our so called civilized and modern West, things don’t come quickly. I can only speak for my country, but rights for women here was a thing that came gradually. It certainly didn’t happen in an instance. Even after suffrage, though, there have been many battles for equality, especially in the area of jobs and pay for those jobs.

    Only quite recently have we seen more women CEOs. And a women could have been a major party candidate for President for the first time had things gone differently.

  2. Michael van der Galien
    April 4th, 2009 at 22:18
    Reply | Quote | #2

    I find there’s wisdom to this statement. Even here, in our so called civilized and modern West, things don’t come quickly. I can only speak for my country, but rights for women here was a thing that came gradually. It certainly didn’t happen in an instance. Even after suffrage, though, there have been many battles for equality, especially in the area of jobs and pay for those jobs.

    Only quite recently have we seen more women CEOs. And a women could have been a major party candidate for President for the first time had things gone differently.

    Exactly.

    LOok, we often forget that things moved slowly in the West as well. Conservatives especially should realize that you can’t just radically transform society in 10 years time and think all will be best.

  3. Danielle
    April 7th, 2009 at 22:12
    Reply | Quote | #3

    @Michael van der Galien

    I agree, we can’t just expect the entire society to change all of a sudden. Islam is firmly intrenched in Afghanistan and that isn’t going to change even if the United States is successful in instilling a democratic society. I think this law: http://www.newsy.com/videos/religion_rape_and_rights_in_afghanistan/ is wrong, but there isn’t much the United States can or should do.

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