Thursday, March 15, 2012

Ancient Laws in Modern Times

The case of a 16-year-old girl, Amina Filali, who killed herself after she was forced to marry her rapist has drawn attention Morocco's Islamic law code.

Article 475 of the Moroccan penal code allows for the "kidnapper" of a minor to marry his victim to escape prosecution, and it has been used to justify a Muslim practice of making a rapist marry his victim to preserve the honor of the woman's family.

The victim's father said in an interview with an online Moroccan newspaper that it was the court officials who suggested from the beginning the marriage option when they reported the rape. According to the CIA's World Factbook, the population of Morocco is 99% Muslim.

In Islamic societies, the loss of a woman's virginity outside of wedlock is a huge stain of honor on the family. In Muslim nations, there is a tradition whereby a rapist can escape prosecution if he marries his victim, thereby restoring her honor.

Even though Morocco updated its law code as recently as 2004, in cases of rape, the burden of proof is often on the victim and if she can't prove she was attacked, a woman risks being prosecuted for debauchery, a serious crime in Islamic law.

The Moroccan court pushed the marriage, even though the perpetrator initially refused. He only consented when faced with prosecution under Muslim law. The penalty for rape is between five and 10 years in prison, but rises to 10 to 20 in the case of a minor. Amina complained to her mother that her husband was beating her repeatedly during the five months of marriage but that her mother counseled patience.