CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Monday, January 13, 2020

Khan on Consent in Marriage in Pakistani Law

Iqra Saleem Khan (The Institute of Legal Studies (TILS)) has posted Consent in Marriage: A Radical Feminist Analysis of Pakistani Law (William & Mary Journal of Women and the Law, Vol. 26, No. 3, 2020) on SSRN. Here is the abstract:
Marital rape is not a recognized offense in the Islamic Republic of Pakistan. The legal definition of rape, as amended in 2006, defines the victim of rape as a woman, thereby opening room for judicial interpretation to criminalize rape within marriage. Despite this, there have been no reported cases of marital rape in Pakistan. Using the radical feminist lens, it is argued this is because the current law fails to comprehend the unreality of a wife’s ‘consent’ to sex in marriage. Under Shariah, a wife has an obligation to sexually submit to her husband, whereas the legal, social and economic inequalities prevalent within marriage also oblige her to have sex. Neither precludes legally valid consent. A reconception of marital rape based on sex inequality is required.

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