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Saudi Journal of Humanities and Social Sciences (SJHSS)
Volume-10 | Issue-08 | 416-434
Original Research Article
Breaking the Silence: The Need for Legislative Reform on Marital Rape in Islamic-Majority Countries
Najmul Hasan
Published : Aug. 2, 2025
DOI : https://doi.org/10.36348/sjhss.2025.v10i08.001
Abstract
This article identifies the critical legal and sociolegal issues of marital rape in Islamic countries, and calls for immediate reform. Despite recent achievements in promoting women's rights and facilitating access to justice, marital rape remains legally and socially undefined in many Islamic countries. This article employs a comprehensive comparative analysis of statutory law, case laws, and judgements in Islamic countries such as Bangladesh, Saudi Arabia, and Malaysia, comparing this to developed Western jurisdictions, including the UK, the US, and Australia. The analysis draws upon statutory law, landmark cases, and scholarly literature to identify the significant gaps produced by traditional interpretations of marital acquiescence. These results highlight the need for substantial legislative reforms, and encourage policymakers and human rights to advocate the adoption of progressive and consent-based approaches in line with universal human rights principles. More importantly, this study provides practical recommendations for bringing about real policy changes and for enhancing the protection of women's rights and dignity in marriages in Islamic-majority countries.
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