Friday 1 August 2008

Why Husband can't guilty of Rape under Malaysian Law?

It's important to note that under Malaysian Law, marital rape is not recognized! Being governed under part of the Islamic Law, Quran dictated it's wife's duty to submit to the husband's sexual needs, and therefore there has no such thing as marital rape. It's however the Quran also emphasizes that men should all times respect women and value their freedom doesn't mean that it’s able to guarantee that the husband won't 'touch' their wife in spite of the wife has rejected the desire of the husband!

What i think is Marital rape should not be legalized in Malaysia nowadays.. When a woman consent to marriage is never mean that her consent also consent to sexual intercourse and as long as the marriage is in existence this right to sexual intercourse cannot be revoked. We should respect to the women as they are human being and they have the rights to be respected by the society. When they say no means no! We cannot allow such beastliness exist as the society keen aware to their human rights.

With the immunity, it would be unfair for the wife because the marriage license would be the 'license to rape'. In 1991, English Court held that there is no longer a rule of law that a wife deemed to have consented irrevocable to sexual intercourse with the husband, therefore a husband could be convicted of rape or attempted rape of his wife where she had withdrawn her consent to the sexual intercourse in the case of Regina v R. Overruled the bad precedent Hale which last for around 200 years.

When the society is much desired, the law has to be certainty in order to coop up with the social changes per Lord Goolf. Today, women are no longer treated, regarded as the property of the men already. They have their jobs, their ambitions, their needs, it would be alright for them if independent from the men. We should recognized their rights, respect them in all aspects. Sometimes when they say no to something absolutely means no , never inspire their 'no' means 'yes', then you will be wrong. I don't understand why the Malaysian Government still holding to the principle to the Islamic Law, where it's wife's duty to submit to the husband's sexual needs. The phrase is damn wrong and totally ridiculous, no one should owe a duty to someone to satisfy their sexual needs, such rule would never imposed in a democratic country, a freedom country. So, I hope that the issue will bring into Parliament to discuss on. Husband should be guilty of raping his wife, don't you think so?

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