Section 5 - Criminal Acts of Rape (Forced Fornication)

1) Any individual who perpetrates rape against another individual of the opposite sex has committed a criminal act and, if found guilty in accordance with Article 34, paragraph 2, of this Bill, he/she will be liable to a penalty, under Islamic Sharia law, and a prison term of 5- 15 years which is only applicable if the death penalty was not imposed. 2) If the victim of the criminal act mentioned in paragraph 1 of this Article is a minor, or a vulnerable individual, the defendant, if found guilty, will be liable to the punishment prescribed for fornication by Islamic Sharia Law and a penalty of 10-20 years of imprisonment. 3) If the victim of rape sustains brain or physical injury during the act of rape, the offender will be liable for the death penalty if that is what is prescribed in Sharia Law. If the death penalty is not applicable, the offender will be subject to a penalty of 10-20 years of imprisonment. The victim of rape who sustained the brain or physical injury is entitled to monetary compensation in accordance with Sharia, as stated in Article 40 of this Bill. 4) Any individual who sexually assaults another, and infects the victim with incurable diseases such as HIV/AIDS, will be subject to the punishment prescribed for fornication by Islamic Sharia if the victim does not die of the disease. The offender will [also be liable] to a penalty of life imprisonment and monetary compensation due to the victim in accordance with Sharia. 5) Any individual who sexually assaults another, and infects the victim with incurable diseases such as HIV/AIDS, which results in the death of the victim, will be subject to the death penalty, if the previous verdict was not the death penalty. Unless the family of the deceased victim accept blood money (Diya) or choose to forgive the offender. 6) Any individual who commits rape and murders the victim will be eligible for the death penalty, unless the family of the deceased victim accept blood money (Diya) or choose to forgive the offender. 7) Any individual who commits rape shall compensate the victim by paying a full dowry (Meher), which is valued at the amount paid to women who are her peers and additional monetary compensation. 8) If it is proven that the offender raped the victim on multiple occasions, the victim will be entitled to a full dowry (Meher) for each occasion, which is valued at the amount paid to women who are her peers. Unofficial English Translation by Horizon Institute, 2 September 2020. 9 9) Any individual who commits rape, and it is proven that the victim was a virgin, the victim will be entitled to compensation for the loss of virginity, which is valued at the full blood money for a woman. 10) The penalties stated in this Article are not enforceable on offenders who are below the legal age/minor or the mentally ill. However, they must serve time in a juvenile correctional facility and undergo extensive disciplinary action consistent with the country’s legal system, while preserving the victim’s civil rights mentioned in sections 7, 8, and 9 of this Article. The court will require the legal guardian of the offender, as defined by Sharia, to bear the responsibility of settling the amount due to the victim. 11) Any individual who attempts to commit the various criminal acts of rape stated in this Article, will be liable to a penalty of 3-8 years of imprisonme

Article 19 - The Care of the Vulnerable of the Society

The state shall be responsible for the health, care, development and education of the mother, the child, the disabled who have no one to care for them, and the mentally handicapped persons who are not able and have no one to care for them

National Child Protection Policy - Generic

National Child Protection Policy - Generic

Article 15.4 - Liberty and Security of the Person

Female circumcision is a cruel and degrading customary practice, and is tantamount to torture. The circumcision of girls is prohibited.

Article 29 - Children

(1) Every child has the right to a good and righteous name and a nationality from birth. (2) Every child has the right to be protected from mistreatment, neglect, abuse, or degradation. (3) No child may perform work or provide services that are not suitable for the child’s age or create a risk to the child’s health or development in any way. (4) Every child may be detained only as a last resort, for a limited time, in appropriate conditions, and must be detained separately from adults with the exception of the child’s immediate family. The child’s immediate family must be informed of the child’s detention as soon as practicable. (5) Every child shall have the right to legal aid paid for by the State if the child might otherwise suffer injustice. (6) Every child has the right to be protected from armed conflict, and not to be used in armed conflict. (7) In every matter concerning a child, the child’s best interests are of paramount importance. (8) In this Article a “child” is defined as any person under 18 years of ag

Section 398 - Carnal Violence

1. - Whoever with violence or threats has carnal intercourse with a person of the other sex, shall be punished with imprisonment [96 P.C.] for five to fifteen years. 2. - The same punishment shall be imposed on anyone who has carnal intercourse with a person of the other sex who is incapable of giving consent or with a person who has been deceived by the offender personating as another person. 3. - The same punishment shall be imposed also on a public officer [240 a P.C.] who, by abusing his power, has carnal intercourse with a person of the other sex who is under arrest or detained in custody under the said officer by reason of his office or entrusted to him in execution of an order of the competent authority. 4. - For purposes of penal law [398, 400 P.C.], penetration of the male sexual organ shall constitute carnal intercourse

Principle 3 - Protection during displacement

1. Displaced persons shall be protected fully, in particular against all forms of harm including mutilation, torture, cruel conditions, inhuman or degrading treatment or punishment, and other barbarity to their personal dignity, such as acts of gender-based violence including rape, and all other forms of indecent assault such as sexual exploitation or forced labour