UN and women MPs say Karzai bowed to Islamic fundamentalists before poll
By Jerome Starkey in Kabul
Afghanistan's President, Hamid Karzai, has signed a law which "legalises" rape, women's groups and the United Nations warn. Critics claim the president helped rush the bill through parliament in a bid to appease Islamic fundamentalists ahead of elections in August.
In a massive blow for women's rights, the new Shia Family Law negates the need for sexual consent between married couples, tacitly approves child marriage and restricts a woman's right to leave the home, according to UN papers seen by The Independent.
"It is one of the worst bills passed by the parliament this century," fumed Shinkai Karokhail, a woman MP who campaigned against the legislation. "It is totally against women's rights. This law makes women more vulnerable."
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The law regulates personal matters like marriage, divorce, inheritance and sexual relations among Afghanistan's minority Shia community. "It's about votes," Ms Karokhail added. "Karzai is in a hurry to appease the Shia because the elections are on the way."
The provisions are reminiscent of the hardline Taliban regime, which banned women from leaving their homes without a male relative. But in a sign of Afghanistan's faltering steps towards gender equality, politicians who opposed it have been threatened.
"There are moderate views among the Shia, but unfortunately our MPs, the people who draft the laws, rely on extremists," Ms Karokhail said.
The bill lay dormant for more than a year, but in February it was rushed through parliament as President Karzai sought allies in a constitutional row over the upcoming election. Senator Humeira Namati claimed it wasn't even read out in the Upper House, let alone debated, before it was passed to the Supreme Court. "They accused me of being an unbeliever," she said.
Details of the law emerged after Mr Karzai was endorsed by Afghanistan's Supreme Court to stay in power until elections scheduled in August. Some MPs claimed President Karzai was under pressure from Iran, which maintains a close relationship with Afghanistan's Shias. The most controversial parts of the law deal explicitly with sexual relations. Article 132 requires women to obey their husband's sexual demands and stipulates that a man can expect to have sex with his wife at least "once every four nights" when travelling, unless they are ill. The law also gives men preferential inheritance rights, easier access to divorce, and priority in court.
A report by the United Nations Development Fund for Women, Unifem, warned: "Article 132 legalises the rape of a wife by her husband".
Most of Afghanistan's Shias are ethnic Hazaras, descended from Genghis Khan's Mongol army which swept through the entire region around 700 years ago. They are Afghanistan's third largest ethnic group, and potential kingmakers, because their leaders will likely back a mainstream candidate.
Even the law's sponsors admit Mr Karzai rushed it through to win their votes. Ustad Mohammad Akbari, a prominent Shia political leader, said: "It's electioneering. Most of the Hazara people are unhappy with Mr Karzai."
A British Embassy spokesman said diplomats had raised concerns "at a senior level".
An act signed into law by Afghan President Hamid Karzai last month dramatically rolled back the rights of women in that country, according to human rights groups and a United Nations report on the bill by the United Nations Development Fund for Women.

The Afghan government has not provided a copy of the text of the Shia Family Law to the UN or to other outside groups requesting it, citing "technical problems", however, the UN and opposition politicians say that the bill contains numerous provisions restricting the rights of women, such as giving their husbands priority in court; requiring the husband's permission to leave the house, obtain education or employment, or to see a doctor; and reserving the custody of children to male relatives.

In its most controversial provision, though, the law's Article 132 requires wives to submit to their husbands' sexual demands, and says that a husband can expect sex with his wife once in every four days except in the event of illness. The United Nations argues that this is equivalent to spousal rape. Spousal rape is specifically prohibited in 45 countries worldwide and may be prosecutable by existing rape statutes in others.

The circumstances of the bill's passage have raised questions as well, with Senator Humeira Namati saying that the bill was not read out or debated in the House of Elders, the Afghan National Assembly's upper house and Shinkai Zahine Karokhail of the House of the People stating the bill received only limited debate in the lower chamber. "They wanted to pass it almost like a secret negotiation," Karokhail told the ''Guardian''. "There were lots of things that we wanted to change, but they didn't want to discuss it because Karzai wants to please the Shia before the election." Namati calls the new law "worse than the Taliban".

burqas cross a market in Parwan Province, Afghanistan.According to Karokhail and others, the law received Karzai's support in order to boost his popularity among Afghanistan's Shi'a population, which comprises an estimated ten per cent of the country, ahead of an upcoming election in August. A Monday ruling by the Afghan Supreme Court has allowed Karzai to remain in power in the interval between the expiration of his term on May 21 and the upcoming Afghan presidential election in August. It is unclear whether the law would apply only to Shi'a persons or to all Afghans.

Nonetheless some changes were made to the bill; the proposed minimum age of marriage for girls was raised to 16 from aged 9 and temporary marriage is not provided for. MP Shukria Barakzai says that "before this was passed family issues were decided by customary law" and that the new law, while not perfect, is an "improvement". MP Ustad Mohammad Akbari defended the bill as well, saying it protects women's rights: "Men are stronger and women are a little bit weaker; even in the west you do not see women working as firefighters."

A spokesman for Mr. Karzai gave reporters no comment.