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His Majesty King Hamad yesterday ratified and promulgated Law (7) of 2023, repealing controversial Article (353) of the Penal Code promulgated by Decree-Law (15) of 1976, following its approval by Parliament and the Shura Council.
“The Prime Minister and ministers, each in their capacity, shall implement the provisions of the law, which takes effect upon its publication in the Official Gazette,” said the King in the decree.
The scrapped Article 353 stated that ‘no penalty shall be imposed on a person who commits one of the crimes stipulated in the preceding articles if a valid marriage is concluded between him and the victim’.
It also stated that ‘if a final judgment is issued against him before the marriage contract is concluded, its execution shall be suspended and its side effects shall end’.
The Justice, Islamic Affairs and Endowments Ministry and the Interior Ministry along with the Supreme Council for Women have already backed the abolition of the article.
According to Islamic Sharia Law, the validity of a marriage contract depends on consent between the two parties, with no coercion from any sides.
However, in the case of the proposed marriage between a rapist and a victim, the female is now considered to be forced to consider marriage due to circumstances, making her consent coerced, thereby invalidating any contract.
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