Doesn't make it rape

Just because she's "bound [by law] to give a positive response to the sexual desires of her husband.”

Except for that "bound" part. Unless that means something else in Afghanistan.

Maybe it's all in how you "apply" the law.

While the law applies only to Shiites, who represent approximately 10 percent of the population, its passage could influence a proposed family law for the Sunni majority and a draft law on violence against women, Ms. Sobhrang said. “This opens the way for more discrimination,” she said.

Hmmm. Sounds like application's gonna be broad and conflict with laws preventing violence against women.

Looks like that does make it rape. With a smile pasted on her face and a "family law" stamp of approval.