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A First: Court Rules Against Marital Rape in Rabat

Written by FDM

The family court in Rabat dismissed a husband’s request to force his wife into intercourse in an unprecedented ruling…

The case dates back to 2019. A husband, rejected by his wife on several occasions despite his multiple attempts decides to take her to court. In his complaint, he claims his “marital rights” and demands to have sex with her. For the court, even united by the sacred bonds of marriage, it is inadmissible to force a woman to have sexual relations against her will.

Dismissing the husband’s complaint after three years, the judges, inferring article 51 of the family code, asserted the wife’s free will while refusing to condone marital rape, stating that sexual intercourse “is a right and duty of both the husband and the wife,” and arguing that the wife’s refusal is a practice of the said right.

According to the ruling, Sharia has not made marriage a mere instinct and passing judgment, but rather combined it with the etiquette of cohabitation that must be observed by spouses. It is then never imagined the possibility of imposing reports when something disturbs the intimacy and the attraction of a partner for the other.

In a similar case, it is mentioned that the Tangier Court of Appeal had previously ruled in 2019, against a husband. He has been sentenced to two years in prison and a fine, after being prosecuted on charges of domestic violence and abuse. The victim also received civil compensation of 30,000 dirhams. The court justified its decision by characterizing the act of rape as domestic violence with a marriage certificate.

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