Sisters in Islam (SIS) has expressed support for a recommendation by the Human Rights Commission of Malaysia to include marital rape as a sexual crime punishable under the Penal Code.

In a statement yesterday, SIS legal officer Nora Murat described marital rape as an extreme form of abuse by a husband in order to humiliate his wife, and that it is a form of domestic violence.

She said the legal clinics conducted by SIS have revealed many cases of marital rape, that include:

  • Rape of a wife who had just delivered a baby by Caesarian operation;

  • Persistent assault of a wife followed by rape by her husband, who also made obscene gestures to her in front of their children;

  • Physical assault of a wife, whose clothes were torn off her by her husband before she was raped and beaten; and

  • A husband who was frequently drunk and who raped his wife, and forced her to perform oral sex in front their children.

    • Forbidden in Islam

    "Islam does not permit marital rape. The relationship between husband and wife should start with love and care, and (sex) should have the wife's consent," Nora said.

    She cited the 'Traditions of the Prophet' as related by Imam Ghazali, in which the Prophet had said: "Do not fling yourself at your wife like an animal. There must communication between husband and wife...".

    Nora said this shows it is unjust to force a wife to have sex in a situation that involves violence and which is intended to degrade her position.

    "Therefore it is not appropriate to use religion to justify violence, as Islam does not permit this. Instead, it promotes the uplifting of women's status, especially as a wife," she added.

    On the same issue, Women, Family and Community Development Minister Shahrizat Abdul Jalil said scholars, intellectuals, non-governmental organisations, as well as the public must be consulted before a decision can be made.

    "We need to be careful when arriving at a decision particularly in a issue like this which involves Syariah law," she was quoted as saying by Bernama .