Marital Rape in Pakistan: An Islamic Perspective and its Alignment with the Legal System of Pakistan

Abstract

Marital rape remains a legally unrecognized issue in Pakistan due to prevailing socio-cultural norms and specific interpretations of Islamic teachings. In the sacred teachings of Islam, the institution of marriage is revered as a bond sanctified by Allah, emphasizing mutual respect, compassion, and consent between spouses. This paper embarks on a journey to delve into Islamic viewpoints on marital relationships and consent, aiming to shed light on the intricate dynamics within this sacred union. By exploring Islamic scriptures, traditions, and scholarly interpretations, researcher endeavor to elucidate the profound wisdom embedded in Islamic teachings regarding marital bonds and the significance of consent within them. This paper critically examines the concept of marital rape in the context of Islamic jurisprudence and its congruence with Pakistan’s legal framework. While Islamic teachings emphasize consent and mutual respect in marital relations, Pakistani law does not criminalize non-consensual intercourse within marriage. By analyzing relevant Islamic sources and legal provisions, as well as the views of contemporary Islamic scholars such as Javed Ahmad Ghamidi and so on, this study highlights the dissonance between Islamic ethical principles and the legal treatment of spousal rape in Pakistan. The paper also discusses the Anti-Rape Investigation and Trial Amendment Act 2025 and its potential impact on addressing marital rape within the legal system. The study concludes with recommendations for policy reforms that uphold both Islamic values and women's rights within marriage.