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Malaysia will not criminalize marital rape: “Islam has provided guidance on this matter”

Nov 4, 2018 8:13 am By Robert Spencer

“The Sepang MP then claimed that marital rape was a term that was created by the West, before arguing that the Quran stipulates that husbands are not allowed to be violent towards their wives. ‘Islam has provided guidance on this matter,’ Hanipa added.”

Yes it has, but it is not the kind of guidance that Hanipa would apparently have you believe it is.

“Men have authority over women because Allah has made the one superior to the other, and because they spend their wealth to maintain them. Good women are obedient. They guard their unseen parts because Allah has guarded them. As for those from whom you fear disobedience, admonish them and send them to beds apart and beat them.” — Qur’an 4:34

Muhammad “struck me on the chest which caused me pain, and then said: Did you think that Allah and His Apostle would deal unjustly with you?” — Aisha (Sahih Muslim 2127)

And as for marital rape, here is the real reason why Malaysia won’t criminalize it. A hadith depicts Muhammad saying: “If a husband calls his wife to his bed [i.e. to have sexual relation] and she refuses and causes him to sleep in anger, the angels will curse her till morning” (Bukhari 4.54.460).

Another hadith attributes this to Muhammad: “By him in whose hand lies my life, a woman can not carry out the right of her Lord, till she carries out the right of her husband. And if he asks her to surrender herself [to him for sexual intercourse] she should not refuse him even if she is on a camel’s saddle” (Ibn Majah 1854).

“Malaysia Will Not Criminalise Marital Rape Because It’s ‘Difficult To Prove In Court,'” by Jia Vern Tham, Says.com, October 30, 2018 (thanks to The Religion of Peace):

The government has no plans to amend the law to criminalise marital rape, according to Deputy Minister in the Prime Minister’s Department Mohamed Hanipa Maidin

“The government cannot make it a crime. It is very difficult to prove in court. If you take it to court, it is easier for the accused to be acquitted,” Hanipa was quoted as saying by The Malaysian Insight in Parliament earlier today, 30 October.

“What’s the use of putting in a law when the chance of conviction is low?” the Sepang Member of Parliament (MP) added.

According to him, the parliament had set up a committee in 2016 to study provisions on marital rape, but it ended up disagreeing with criminalising the act….

Hanipa also cited an existing law in Malaysia which punishes those who use or threaten sexual violence against their spouse.

“Section 375(a) of the Penal Code was created to punish those who have used violence or threat of violence against their wives for sex,” the Sepang MP added.

Under the Penal Code, any man in a marriage who causes hurt, fear of death, or hurt to his wife or any other person in order to have sexual intercourse with his wife shall be punished with imprisonment of “a term which may extend to five years”.

Nonetheless, the law also gives exception to sexual intercourse by a man and his wife in a marriage, which is “valid under any written law for the time being in force, or is recognised in Malaysia”.

While Maria argued that the existing law is unfair to women in marriages, Hanipa referenced an English barrister and the Quran as he stressed that the government will not make any new decisions on marital rape

According to The Malaysian Insight, Hanipa cited Sir Matthew Hale, an English barrister who once wrote that “a husband cannot be guilty of a rape committed by himself upon his lawful wife, for by their mutual consent and contract the wife hath given up herself in this kind unto her husband, which she cannot retract”.

The Sepang MP then claimed that marital rape was a term that was created by the West, before arguing that the Quran stipulates that husbands are not allowed to be violent towards their wives.

“Islam has provided guidance on this matter,” Hanipa added.

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Filed Under: Malaysia, Sharia, women's rights in Islam Tagged With: Mohamed Hanipa Maidin


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Comments

  1. mortimer says

    Nov 4, 2018 at 10:17 am

    Yes ! BACKWARD, DISCRIMINATORY Sharia law has provided ‘guidance’ for a Bronze-Age desert warrior DEATH CULT that hates women.

    Do wives also have the right to tie up their husbands if that is their sexual technique of choice? Why not?

    How about ‘equality’?

    Are Malaysian women going to fight for their rights to tie up their husbands?

  2. mortimer says

    Nov 4, 2018 at 10:19 am

    A lot of things in Islam are ILLEGAL EVEN IN ISLAMIC COUNTRIES … fgm, veiling, jizzya, discrimination against kafirs, jihadism, etc.

    What’s one more little restriction in favor of HUMAN RIGHTS?

    Muslims are PRESENTLY UNABLE to practice Islam fully in most countries.

  3. christianblood says

    Nov 4, 2018 at 10:47 am

    There is NO such thing as “marital” rape! This is propaganda by feminist extremists to further their radical social agenda!

    • Lydia Church says

      Nov 4, 2018 at 12:22 pm

      Well actually there is such a thing as marital rape.

      There are times when a woman just doesn’t feel well or it’s not a good time, or even forbidden.
      Examples: During menstruation, when she is very pregnant, when she is sick, when she is in mourning, when she is ovulating and the couple wants to avoid getting pregnant (as I would be these days), and other cases like that.

      Just because two people are married does not imply that one can demand the other have sex with them right then and there, regardless of how the other person is feeling. That is insensitive and carnal.
      And yes, I do know about 1 Corinthians 7. Obviously there were exceptions as one who has read the whole Bible already knows and some are even mentioned in that same set of verses. So no, it’s not ‘sex on demand.’ Women do have rights, God does expect the husband to treat the wives as equals. Again, read your Bible if you doubt that.

      islam imposes the oppression of women and those who deny that are blind fools.

      Sometimes people are just so blind in so many ways!!!

      • christianblood says

        Nov 5, 2018 at 9:17 am

        Lydia Church

        You made good points, Lydia!

        This should be done with the discreetness of the husbands & wives and it should not go to public state courts, etc! I am sure radical feminists have popularized these things in recent years because the institution of marriage have existed for millennia and this was never an issue!

        • Kiki says

          Nov 5, 2018 at 3:26 pm

          Rape isn’t a part of “the institution of marriage”. It is a crime, a vicious assault on a human being, and it must be prosecuted in court.

          “Radical feminists’ aren’t “popularizing” anything…..they’re speaking out against people who pretend nothing’s wrong. They’re speaking out against men who put on a smile and warm persona in public, then turn around and force themselves on their wives.

          They’re raising awareness that men who rape their wives are cowards, bullies, and certainly not worthy to even be given the title ‘husband’.

        • gravenimage says

          Nov 5, 2018 at 4:58 pm

          The increasingly appalling christianblood wrote:

          Lydia Church

          You made good points, Lydia!
          ……………………….

          Lydia Church is *not* advocating marital rape as christianblood pretends–just the opposite, in fact.

          More:

          This should be done with the discreetness of the husbands & wives and it should not go to public state courts, etc! I am sure radical feminists have popularized these things in recent years because the institution of marriage have existed for millennia and this was never an issue!
          ……………………….

          The idea that women have never cared about being raped, beaten, or murdered by their husbands until recently is just sickeningly false–as is the idea that Christianity supports this savagery.

          Saying that victims should not be allowed to bring their cases to courts is particularly repulsive.

          Again, why doesn’t this thug just convert to Islam now? It is Islam that supports wife beating and marital rape. The claim that Christianity supports the abuse of women is just calumny.

          “Husbands, love your wives, as Christ loved the church and gave himself up for her, that he might sanctify her, having cleansed her by the washing of water with the word, so that he might present the church to himself in splendor, without spot or wrinkle or any such thing, that she might be holy and without blemish. In the same way husbands should love their wives as their own bodies. He who loves his wife loves himself. For no one ever hated his own flesh, but nourishes and cherishes it, just as Christ does the church, …”

          –Ephesians 5:25-33

        • christianblood says

          Nov 5, 2018 at 5:02 pm

          Kiki

          We only see people in the West talking about this ‘marital rape’ issues!
          It is a Western problem that doesn’t effect the rest of the world! In reality, there is no such a thing as ‘marital rape’. It is an oxymoron!

        • gravenimage says

          Nov 5, 2018 at 5:18 pm

          christianblood wrote:

          Kiki

          We only see people in the West talking about this ‘marital rape’ issues!
          It is a Western problem that doesn’t effect the rest of the world! In reality, there is no such a thing as ‘marital rape’. It is an oxymoron!
          …………………….

          What a bald-faced lie from christianblood.

          The idea that women in other parts of the world don’t mind being abused is utterly false:

          “The dark reality of Russia’s domestic violence laws”

          Welcome to the land where a new ‘slapping law’ means beating your partner is no longer a criminal offence

          https://www.bbc.co.uk/bbcthree/article/0dd0ab91-145a-4137-bf87-28d0498c8d56

        • Kiki says

          Nov 5, 2018 at 8:02 pm

          christianblood,

          There’s a reason the west that talks about marital rape–western culture is very open about human rights, and women here now feel safer to report marital rape.
          If they reported rape in Iran, they could be stoned. That’s happened in many countries run by jihadist-oriented governments.

          And there are many countries that don’t have resources for women…oftentimes, women in other countries are tricked into thinking there’s no help for them, that no one would care enough to listen. Some women from these countries have come forward, but you can bet more are being scared into silence.

          It’s easier to pretend it’s a lie, or some kind of feminist conspiracy….but it’s not fake. Marital rape is real, it’s happening, and you can bet anything that it’s happened in every single country.

          Marital rape isn’t an “oxymoron”.
          A husband can’t force sex on on his wife and then pretend that their being married makes it okay. It’s not okay. It’s still rape.

          And it’s indefensible.

        • christianblood says

          Nov 6, 2018 at 7:53 am

          Kiki

          Like the “Me Too” movement, ‘marital rape’ is a Western phenomenon pushed by fanatical feminists and this oxymoronic ‘marital rape’ is not effecting non-Western countries for now. I am sure within a few years we will be witnessing bestiality, incest and pedophilia being promoted and defended as ‘human rights’ issues in the Western countries!

        • gravenimage says

          Nov 6, 2018 at 8:20 pm

          christianblood saying that opposing marital rape is the same as supporting the abuse of children and animals is appalling calumny, and makes absolutely no sense.

    • Kiki says

      Nov 4, 2018 at 12:31 pm

      There is such a thing as marital rape….husbands have forced their wives to have sex when they didn’t want to. It happens.

      It’s been recorded in memoirs by women who’ve escaped abusive marriages, especially women who escaped groups like the FLDS or radical Islamic countries–Elissa Wall in “Stolen Innocence”, Nujood in “I’m Age Ten and Divorced”, Rebecca Musser in “The Witness Wore Red”.

      I wish it really was a propaganda thing, but sadly, it’s real. There are husbands out there who hold their wives down and rape them despite being told no.

      • gravenimage says

        Nov 5, 2018 at 5:02 pm

        +1

    • gravenimage says

      Nov 4, 2018 at 2:27 pm

      Good God–why am I not surprised that christianblood believes that it is not possible for a man to rape his wife?

      Why doesn’t he just convert to Islam now?

      • christianblood says

        Nov 5, 2018 at 9:11 am

        gravenimage

        (…Wives, submit to your own husbands, as to the Lord. For the husband is the head of the wife even as Christ is the head of the church, his body, and is himself its Savior. Now as the church submits to Christ, so also wives should submit in everything to their husbands…)

        (Ephesians 5)

        • Kiki says

          Nov 5, 2018 at 3:21 pm

          christianblood,

          No matter what the Bible–or any book– says, if a woman doesn’t want to have sex, it’s her right to say no. All humans should have that right. And if the husband is a real man, a man who truly loves and respects his wife, a real man of god, he won’t force her.

          Real men don’t force their wives to have sex. Real men don’t look for ways to excuse rape. Real men don’t need to hurt women to feel good, real men don’t force their wives to have sex.

        • gravenimage says

          Nov 5, 2018 at 5:04 pm

          The idea that this means that Christian men have the right to abuse and rape their wives is sickening calumny. Is christianblood also saying that Christ founded the Church so it could abuse its parishioners? Just appalling.

        • christianblood says

          Nov 5, 2018 at 7:15 pm

          Kiki

          Again, this is a Western problem that the rest of the world don’t share!

        • gravenimage says

          Nov 5, 2018 at 7:41 pm

          Good post, Kiki.

  4. Kiki says

    Nov 4, 2018 at 12:26 pm

    Being married to a woman doesn’t mean a husband has a right to touch her whenever he wants…..if she says no, that should be that.

    • James Lincoln says

      Nov 4, 2018 at 2:17 pm

      +1

    • gravenimage says

      Nov 4, 2018 at 2:28 pm

      Yes.

    • christianblood says

      Nov 5, 2018 at 7:18 pm

      Kiki

      This is just another manifestation of radical feminism!

      • gravenimage says

        Nov 5, 2018 at 7:43 pm

        So you have to be a “radical feminist” not to want to be raped and beaten? Good God…

      • Kiki says

        Nov 5, 2018 at 8:07 pm

        I wish you were right, christianblood. I wish that it was just radical feminism, and I really wish women weren’t being victimized. But it’s happening.

        All you need to do is go onto amazon or barnes and noble’s websites and look up books about sex-assault survivors. They’re there.

        Why is it so hard for you to admit that some women get raped by their husbands?

        • gravenimage says

          Nov 5, 2018 at 8:28 pm

          Kiki, christianblood is not saying that some men are not forcing their wives to have sex–just that he won’t call it rape, and that he *approves* of this savagery–and that he also believes that this brutality is sanctioned by God. *Ugh*.

        • christianblood says

          Nov 6, 2018 at 7:59 am

          Kiki

          A husband should be able to have intimacy with his wife when she is healthy, not grieving, not having menstrual issues and is not heavily pregnant, but he should do so in love and compassion!

        • Kki says

          Nov 6, 2018 at 10:49 am

          christianblood,

          If a wife doesn’t want to have sex, it’s her right to say no. If her husband insists and forces her, it’s rape. It’s violating her god-given human rights.

          A true husband would never force his wife to have sex.

          You said this earlier: “Like the “Me Too” movement, ‘marital rape’ is a Western phenomenon pushed by fanatical feminists and this oxymoronic ‘marital rape’ is not effecting non-Western countries for now. I am sure within a few years we will be witnessing bestiality, incest and pedophilia being promoted and defended as ‘human rights’ issues in the Western countries!”

          The right of a wife to refuse sex isn’t the same as bestiality or incest or pedophilia. The other three things you mentioned are immoral crimes, but a woman’s right to refuse sex is a human right, not a crime.

          A woman’s right to say no is NOT on the same level as incest, bestiality, or child abuse.

          And marital rape happens worldwide….other cultures aren’t as open about discussing it, but that doesn’t mean it doesn’t happen.

          Again, why are you so dismissive of marital rape? Do you really believe a husband has the right to force sex on his wife?

        • gravenimage says

          Nov 6, 2018 at 8:31 pm

          That christianblood would describe raping his wife as “intimacy” and that doing so represents “love and compassion” is just appalling.

        • gravenimage says

          Nov 6, 2018 at 8:32 pm

          Good post, Kiki.

  5. Save Europe says

    Nov 4, 2018 at 1:16 pm

    I have a good Malaysian Chinese friend who was sent to the UK when he was merely 8 because –

    – his parents told him that if he wanted to become a surgeon in Malaysia, he would never get employed, even if he was a genius, because the Muslim Malaysians would always get preferential treatment over non Muslims.

    – my friend told me also, that if you want to start a business in Malaysia, then you have to have a Muslim boss!

    Can you imagine if we told Muslims in the West – you can’t start a business unless you have a non Muslim boss !!!!!

    • gravenimage says

      Nov 6, 2018 at 8:34 pm

      Yes–Infidels are systematically oppressed in Malaysia.

  6. Mirren10 says

    Nov 4, 2018 at 2:11 pm

    ”While Maria argued that the existing law is unfair to women in marriages, Hanipa referenced an English barrister and the Quran as he stressed that the government will not make any new decisions on marital rape”

    Why cite a **17th century** English barrister ? Hanipa is reaching if the vile koran isn’t enough.

    • gravenimage says

      Nov 4, 2018 at 2:58 pm

      Good point, Mirren.

      When Muslims want to point to any savagery in the West, they usually have to go back centuries–and often even then it is often pretty questionable. For instance, even though Hale’s views here are entirely execrable, he was in many ways a judicial reformer.

      • Mirren10 says

        Nov 4, 2018 at 3:22 pm

        Very true, graven. Interesting, isn’t it, that this creep doesn’t find *koranic* fiats enough, he has to dredge up a 17th century English barrister to shore up this islamic vileness. It makes one wonder if there isn’t perhaps a faint glimmering realisation that this stance is wholly evil – so let’s find an *Englishman* who said the same, and then it won’t seem so bad !

        • gravenimage says

          Nov 4, 2018 at 6:37 pm

          Yes.

  7. gravenimage says

    Nov 4, 2018 at 2:22 pm

    Malaysia will not criminalize marital rape: “Islam has provided guidance on this matter”
    ……………………

    The “guidance” Islam has given is that marital rape is perfectly Islamic. *Ugh*.

  8. Qur'an says it's OK says

    Nov 4, 2018 at 3:48 pm

    Qur’an 2.223

    “…Your wives are a place of sowing of seed for you, so come to your place of cultivation however you wish and put forth [righteousness] for yourselves. And fear Allah and know that you will meet Him. And give good tidings to the believers….”

    Can any Muslim accept rape in marriage if the Qur’an permits it?

  9. Salome says

    Nov 5, 2018 at 1:07 am

    It’s not hard to prove, it’s virtually impossible to prove, and will always result in an acquittal. Why? Because when it’s his word against hers, his word is worth twice as much as hers. Indeed, it would need an audience of 4 men to stick.

  10. Prabh says

    Nov 5, 2018 at 1:08 pm

    Classic text Pancatantra: intercourse between husband and wife that is non-consensual is immoral. Captain Vadakayil explains in his blog that in the Dharmic world it is essential for bride and groom to both be chaste (celibate – kanya which is word for virgin) prior to marriage – this is normal even though some tv and other pop culture promotes degenerate promiscuity.
    If the desire is not there on the part of both husband and wife, why waste valuable Shakti? This is against yogic/dharmic norms.

    Contrast with Islam: mindless daily copulation (with God knows how many ‘wives’ – this creates born slaves (unhealthy offspring) and is fundamentally dysgenic and immoral.

    Prabh

  11. Steve Brown says

    Nov 5, 2018 at 9:56 pm

    Did anyone mention yet that Sir Matthew Hale made this pronouncement in the 1670s?

  12. Steve Brown says

    Nov 5, 2018 at 9:59 pm

    Has anyone mentioned yet that Sir Matthew Hale made this pronouncement in the 1670’s?

    • gravenimage says

      Nov 5, 2018 at 10:02 pm

      Yes–I noted that this was from hundreds of years ago.

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