When Shabudin Yahaya, a Malaysian MP of the ruling Barisan Nasional coalition, believed that there was “nothing wrong” with child marriages, one wondered if certain Muslims in the country were that desperate for sex. Mr. Shabudin, a Muslim himself, argued that girls as young as nine were “physically and spiritually” ready for marriage.

 

It’s more sickening considering that MP Shabudin Yahaya was actually a Shariah Court judge. The fact that a former Shariah Court judge has no problem with a Standard 3 (Primary 3) student to be married off to her rapist speaks volumes about how problematic Najib administration is. Perhaps this also explains why Malay-Muslims dominate the chart in incest, rape and pedophilia.

 

Astonishingly, while self-proclaimed most moderate Muslim-majority country in the world – Malaysia – moves towards Arabization and Talibanization; the supposedly conservative Muslim-majority countries in the Middle East are “moving away” from such barbarism. Yes, Jordan is the latest Muslim-majority country that has courageously fixed a huge problem since 1960.

Of course, we’re talking about Article 308, the controversial article of the Penal Code that allowed sexual assault perpetrators to escape punishment by marrying the victims in Jordan. In a historic vote on Tuesday, the Lower House of Parliament decided to abolish the Article 308. The announcement was met with cheers and applause by Jordanian women nationwide.

 

In October 2016, Jordan’s King Abdullah II ordered the establishment of a royal committee to reform the judiciary and review the entire penal code, which dates back to 1960. In February, the committee recommended abolishing the article, leading the Jordanian government to endorse the suggestion in April. But not every lawmaker was agreeable to the scrapping of the Article 308.

 

Apparently, several lawmakers proposed amending the article instead of abolishing it altogether – suggested that exceptions be included in incidents of consensual sex and sexual molestation of victims aged between 15 and 18 years old. There was also a proposal to make an exception for anyone who “seduces a virgin over 18 years of age with the promise of marriage and caused her to lose her virginity”.

However, activists disagreed and rubbished the recommendations for exceptions. Hundreds of civil society activists staged a sit-in outside the parliament building on Tuesday to call for “a complete abolition” – not amendments – of the provision. Several women activists representing 63 local organizations took to social media to organize a campaign lobbying the Lower House to abolish Article 308.

 

Despite the country’s pro-Western political orientation and cosmopolitan urban elites, many areas of Jordan remain socially conservative. To protect “family honour”, conservative Jordanians believe that having a rape victim in the family is shameful, never mind it wasn’t their fault in the first place, and that such “shame” can be expunged through marriage.

 

Noor (not her real name) was just 20 when she was raped by a 55-year-old man – her own boss. One day, she complained of a headache and was offered two pills. She lost consciousness and woke up to find herself naked and raped. She revealed – “I couldn’t tell my family what had happened. I cried and cried not knowing what to do. At that moment, I realized that my family will be devastated.”

It was only after Noor discovered she was pregnant, that she found the courage to report the rape – but then her attacker (her boss) offered to marry her under Article 308. She had no choice. She said – “With all the hatred I have in my heart, my family forced me to marry him so as to save the ‘family’s honour’.”

 

Article 308 allows pardoning rape perpetrators if they marry their victims and stay with them for at least three years. However, the controversial provision has for decades divided Jordan between those who believe the law is necessary to protect women’s “honour”, and others who see it as a violation of basic human rights.

 

Prime Minister Hani Mulki said – “We thank everyone who worked on amending Article 308 of the Penal Code because it comes in contravention of our values.” He stressed that the government is committed to abolishing Article 308 in order to protect Jordanian family values. Legislator Dima Tahboub said – “Religious law, or Shariah, does not condone protecting rapists.”

Salma Nims, secretary-general of the Jordanian National Commission for Women, said – “We are celebrating today. This is a historic moment not only for Jordan, but for the entire region. This achievement is a result of the concerted effort of the civil society, women’s rights and human rights organizations in Jordan.”

 

Khaled Ramadan, a parliamentarian who pushed to abolish the Article 308 said – “This is a historic day in Jordan’s history. After 57 years of this law, this is an important step towards societal reform and for equality. Today we are sending a message to every rapist that ‘your crime will not be overlooked and we will not let you get away with it’“.

 

Asma Khader, a leading women’s rights activist and lawyer, said – “The article (308) is not based on a logical or legal rationale. It is not justified and it does not stand in line with our culture, knowledge and logical thinking. We had counter-arguments and managed to reach many of the parliamentarians and worked with them over a long period of time to get to this point.”

Still, the decision to abolish Article 308 must be approved by the Jordanian parliament’s upper house – the Senate – and then be signed by King Abdullah II. Such approval, however, is almost guaranteed since the royal court and the government backed the reforms from the beginning. Jordan isn’t the only Muslim-majority country that has thrown away such law.

 

When the final approval is secured, Jordan would join other Muslim-majority countries which have cancelled their “marry the rapist” clauses. Egypt did so in 1999, Morocco in 2014 and the most recent Tunisia in July 2017. Lebanon and Bahrain are considering repealing their own versions of the rule.

 

Other countries around the globe that had made similar strides to abolish such provisions including Italy in 1981, France in 1994, Peru in 1998, Romania in 2000, Uruguay in 2006 and Costa Rica in 2007. Unfortunately such rape-marriage provisions continue to exist in Algeria, Iraq, Kuwait, Libya, Palestine, Tajikistan, Syria and even the Philippines.

 

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August 3rd, 2017 by financetwitter

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