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Forcing a female who has reached the age of puberty to marry someone against her explicit wishes is forbidden in [[Islam]]. Nevertheless [[Islamic law|Shari'ah]] fails to protect the most vulnerable - children. | '''Forced marriage''' is the compelled marriage of an individual (usually female) against their will. The individual is usually forced by family members and in countries with poor women's rights. Forcing a female who has reached the age of puberty to marry someone against her explicit wishes is forbidden in [[Islam]]. Nevertheless, [[Islamic law|Shari'ah]] fails to protect the most vulnerable - children. | ||
==Child marriage== | ==Child marriage== | ||
Most (but not all) Muslim majority countries have made child marriage illegal. However, in all schools of classical Islamic law, a guardian was allowed to enter his pre-pubescent child into a marriage contract without consent. When the child reached the age of puberty he or she could exercise the "option of puberty" (khiyar al-bulugh) to repudiate the marriage, but only if it was entered into negligently, fraudulently or by someone other than the father or grandfather. The option was also lost to a virgin female who has reached puberty and who had taken no action or remained silent for what is considered a reasonable time after being informed of the contract. A male child retained his option in the same circumstances until he actively approved of the marriage <ref>Esposito, John L. (2001) "Women in Muslim Family Law (2nd Edition)", New York: Syracuse University Press, pp.16-17</ref> <ref>Ali, S. M. (2004) "The Position of Women in Islam: A Progressive View", New York: State University of New York Press, pp.40-41</ref> | |||
A father or guardian must ask the consent of his daughter before offering her in marriage if she is a virgin who has reached puberty, based on a well known sahih hadith. However, according to that same hadith, if she remains silent when asked, offering no explicit acceptance, this counts as consent. | |||
A girl is expected to make a life changing decision on marriage while still a child, with very limited experience and utterly dependent on her parents. Child marriages occur [[Contemporary Pedophilic Islamic Marriages|all over the world]], but especially in Muslim countries that practice Shari'a. [http://www.un.org/youthenvoy/2016/03/new-un-initiative-aims-to-protect-millions-of-girls-from-child-marriage The UN] regards child marriage as a human rights violation and aims to eradicate it by 2030. The girl is vulnerable to spousal abuse and childhood pregnancy which greatly jeopardizes her health and future. | |||
{{ | ==Islamic law== | ||
A | |||
Due to Muhammad's marriage to six-year-old Aisha, a child can be betrothed by her father without her explicit consent.<ref>{{Bukhari|7|62|18}}</ref><ref>{{Muwatta|28|2|7}}</ref> Some [[sahih]] hadith state that a virgin's silence is taken as consent.<ref>{{Bukhari|7|62|68}}</ref> Consummation of the marriage takes place when the father and husband believe she is ready for it. Since Muhammad consummated his marriage to Aisha when she was nine,<ref>{{Bukhari|7|62|64}}</ref> there is nothing wrong Islamically with an adult consummating his marriage to a 10-year-old who has reached menarche. In fact, Islamic law allows adults to marry pre-pubescent girls and does not stipulate when sexual relations may occur.<ref>{{Quran|65|4}}</ref> Islam mandates that a woman have sex with her husband whenever he asks for it unless she is menstruating or severely ill.<ref>{{Muslim|8|3368}}</ref><ref>Mishkat al-Masabih Book I, Section 'Duties of husband and wife', Hadith No. 61</ref><ref>Al Tirmidhi Hadith No. 1160 & Ibn Ma’jah Hadith No. 4165</ref> In Iran, for example, ''tamkin'' is the word used to describe a woman's obligation to be sexually available at her husband's whim.<ref>Ilkkaracan, Pinar. (2008). [http://books.google.com/books?id=pnGwP9-FhxYC&printsec=frontcover&source=gbs_navlinks_s#v=onepage&q=&f=false ''Deconstructing Sexuality in the Middle East'']. (p. 129). Burlington, VT: Ashgate Publishing Company.</ref> There is no law in Islam that protects a woman from rape by her husband. In fact, a wife is a man's tilth, and he is permitted to approach her however and whenever he feels like it.<ref>{{Quran|2|223}}</ref><ref>[http://www.dailytelegraph.com.au/news/cleric-rape-beating-ok-for-wives/story-e6freuy9-1111118629144 Cleric: Rape, beating OK for wives] - Mark Dunns - The Daily Telegraph, January 22, 2009</ref> If she feels that she is being mistreated, she must seek a divorce from an Islamic court and prove the mistreatment. If her husband divorces her, but changes his mind before the mandatory 'idda is over, he may take his wife back whether she desires to remain married to him or not.<ref>{{Quran|2|228}}</ref><ref>[http://www.islamqa.com/en/ref/75027/permission%20second%20wife The wife’s consent is not a condition of taking her back after divorce] - Islam Q&A, Fatwa No. 75027</ref> | |||
==Slaves and Captives== | |||
We must not forget the others whose lives are at the mercy of those known as ''owners''. Although Islam promotes the freeing of slaves by promising divine rewards in the afterlife, it also institutionalizes the practice by sanctioning the capture and enslavement of enemy ([[Non-Muslims|kuffar]]) noncombatants as well as promoting an [[w:Indulgence|indulgence]]-style requirement of manumitting a slave for the compensation of sins committed.<ref>{{Quran|4|92}}</ref> The buying and selling of human beings like livestock is permitted in Islam, and there is no limit to the number of slaves a Muslim can own so long as he (or she) can afford to feed, clothe, and shelter them. Slaves have no right over their own persons. A slave may not get married without his or her master's permission, and a slave can redeem his or herself only if the master allows it. | |||
A female slave may be used for sex by her master. He does not need her permission to practice [[Al-'Azl|al-'azl]], and after having sex with her he may sell her to another man or ransom her back to her family (if she had been captured during a battle or raid). If he desires her as a wife, he may marry her and does not have to pay her a bride price. Her freedom is considered her [[mahr]]. This can come in handy when a man is poor and yet desires to have a wife. A captured woman costs nothing, and he does not have to pay any money to marry her. A man may have sex with his captives and slaves without the permission of [[Adultery is Permitted in Islam|his wife]] (or wives). | |||
The woman, of course, has no say in the matter. However, it would probably be in her best interest to get married seeing as though she might never experience freedom otherwise. Mandatory freeing of a female slave only occurs upon her master's death IF she has given him a child. Whatever the scenario, a female slave has absolutely no control over her life. Her master can have sex with her if he wants ([[rape]]), sell her to another man, or give her in marriage to another man. Her wishes are meaningless and her compliance unnecessary. The only thing her master cannot do is earn money by prostituting her to other men.<ref>{{Quran|24|33}}</ref> | |||
===Muhammad's slave girls and captives=== | |||
====Juwairiya==== | |||
[[Qur'an, Hadith and Scholars:Muhammads Wives and Concubines#Juwairiya|Juwairiya]] was a captive from the Banu Mustaliq tribe. She was given to one of the Muslims, and she entered into an agreement with him to purchase her freedom. She then sought assistance from Muhammad for the payment amount. He offered to pay the price of her freedom if she married him (since she was very beautiful). So, she married him and the captives were released because they had become the relatives of Muhammad by marriage. On account of Juwairiya, one hundred families of the Banu al-Mustaliq were set free. | |||
====Safiyah==== | |||
[[Safiyah]] was a Jewish captive from Khaibar and chief mistress of the Quraiza and An-Nadir tribes. After the brutal death of her husband [[Kinana]], she was given as war booty to one of the Muslims. Muhammad was informed of her great beauty, and so he ordered her owner to give her to him in exchange for another slave girl. He married her shortly thereafter, and considered her manumission to be her mahr. Of his nine wives, Muhammad spent the least amount of time with Safiya. | |||
====Mariyah==== | |||
[[Mariyah_the_Sex_Slave_of_the_Holy_Prophet|Mariyah]] was a Coptic concubine sent as a gift from Egypt to Muhammad. She gave birth to Muhammad's son Ibrahim, but he died by the time he was two. They were never married, but he had sex with her because she was his property. | |||
== | ====Rayhana==== | ||
[[Qur'an, Hadith and Scholars:Muhammads Wives and Concubines#Raihana|Rayhana]] was a Jewish captive from the Quraiza tribe. One source says Muhammad offered her marriage instead of slavery, but she declined and remained Jewish. Another source says he married her, and her manumission was her mahr. | |||
=== | ===Relevant Quotations=== | ||
{{Quote|1=Dr Aamir Liaqat Hussain, Pakistan's minister of state for religious affairs|2=[It is] un-Islamic to stop husbands from having sex with their wives even if they were doing so without their consent.<ref>[http://www.dailytimes.com.pk/default.asp?page=2006\08\26\story_26-8-2006_pg1_7 No, it is unIslamic to stop husbands: Aamir] - Daily Times, August 26, 2006</ref>}} | {{Quote|{{Muslim|8|3303}}| Abu Huraira (Allah be pleased with him) reported Allah's Messenger (ﷺ) as having said: | ||
A woman without a husband (or divorced or a widow) must not be married until she is consulted, and a virgin must not be married until her permission is sought. They asked the Prophet of Allah (ﷺ): How her (virgin's) consent can be solicited? He (the Holy Prophet) said: That she keeps silence.}} | |||
{{Quote|{{Muslim|8|3305}}| 'A'isha (Allah be pleased with her) reported: | |||
I asked Allah's Messenger (ﷺ) about a virgin whose marriage is solemnised by her guardian, whether it was necessary or not to consult her. Allah's Messenger (ﷺ) said: Yes, she must be consulted. 'A'isha reported: I told him that she feels shy, whereupon Allah's Messenger (ﷺ) said: Her silence implies her consent.}}<br />{{Quote|1=Dr Aamir Liaqat Hussain, Pakistan's minister of state for religious affairs|2=[It is] un-Islamic to stop husbands from having sex with their wives even if they were doing so without their consent.<ref>[http://www.dailytimes.com.pk/default.asp?page=2006\08\26\story_26-8-2006_pg1_7 No, it is unIslamic to stop husbands: Aamir] - Daily Times, August 26, 2006</ref>}} | |||
{{Quote|1=Malaysia's Perak state mufti Harussani Zakaria|2=A husband has the right to be intimate with his wife and the wife must obey. If the wife refuses, then the rule of 'nusyuz' (disobedient) applies and the husband is not required to provide financial assistance to her.<ref>[http://www.aegis.com/news/afp/2004/AF040874.html Row erupts in Malaysia over marital rape] - Agence France-Presse, August 23, 2004</ref>}} | {{Quote|1=Malaysia's Perak state mufti Harussani Zakaria|2=A husband has the right to be intimate with his wife and the wife must obey. If the wife refuses, then the rule of 'nusyuz' (disobedient) applies and the husband is not required to provide financial assistance to her.<ref>[http://www.aegis.com/news/afp/2004/AF040874.html Row erupts in Malaysia over marital rape] - Agence France-Presse, August 23, 2004</ref>}} | ||
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More importantly, he said, a couple needs to make clear the day they marry whether or not she will need permission to leave the home. If they disagree then they should not get married.<ref>Atia Abawi - [http://www.cnn.com/2009/WORLD/asiapcf/04/20/afghanistan.cleric.rape.law/ Afghan cleric defends controversial marriage law] - CNN, April 21, 2009</ref>}} | More importantly, he said, a couple needs to make clear the day they marry whether or not she will need permission to leave the home. If they disagree then they should not get married.<ref>Atia Abawi - [http://www.cnn.com/2009/WORLD/asiapcf/04/20/afghanistan.cleric.rape.law/ Afghan cleric defends controversial marriage law] - CNN, April 21, 2009</ref>}} | ||
<br /> | |||
{{Core Women}} | {{Core Women}} | ||
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==External links== | ==External links== | ||
====Helplines==== | ====Helplines==== | ||
*[http://www.karmanirvana.org.uk/ Karma Nirvana]'' - A registered charity based in Derby, supporting victims and survivors of forced marriages and honour based violence'' | *[http://www.karmanirvana.org.uk/ Karma Nirvana]'' - A registered charity based in Derby, supporting victims and survivors of forced marriages and honour based violence'' | ||
====News==== | ====News==== | ||
*[{{Reference archive|1=http://www.huffingtonpost.co.uk/2013/03/05/forced-marriage-unit-intervene-2-year-old_n_2809750.html?just_reloaded=1|2=2013-03-07}} Forced Marriage Unit Intervened To Save 2-Year-Old Victim, Statistics Show] ''- Jessica Elgot , The Huffington Post UK, March 5, 2013'' | *[{{Reference archive|1=http://www.huffingtonpost.co.uk/2013/03/05/forced-marriage-unit-intervene-2-year-old_n_2809750.html?just_reloaded=1|2=2013-03-07}} Forced Marriage Unit Intervened To Save 2-Year-Old Victim, Statistics Show] ''- Jessica Elgot , The Huffington Post UK, March 5, 2013'' | ||
*[http://www.csi-int.org/pdfs/csi_coptic_report.pdf The Disappearance, Forced Conversions, and Forced Marriages of Coptic Christian Women in Egypt. pdf] ''- A November 2009 Report Commissioned by Christian Solidarity International'' | *[http://www.csi-int.org/pdfs/csi_coptic_report.pdf The Disappearance, Forced Conversions, and Forced Marriages of Coptic Christian Women in Egypt. pdf] ''- A November 2009 Report Commissioned by Christian Solidarity International'' | ||
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*[http://abcnews.go.com/International/story?id=8050635&page=1 English Summer = Forced Marriage Season?] ''- Aidan Jones, ABC News, July 11, 2009'' | *[http://abcnews.go.com/International/story?id=8050635&page=1 English Summer = Forced Marriage Season?] ''- Aidan Jones, ABC News, July 11, 2009'' | ||
*[http://www.telegraph.co.uk/news/newstopics/politics/lawandorder/5710243/Up-to-8000-forced-marriages-reported-in-England-last-year.html Up to 8,000 forced marriages reported in England last year] ''- Martin Beckford, The Telegraph, July 2, 2009'' | *[http://www.telegraph.co.uk/news/newstopics/politics/lawandorder/5710243/Up-to-8000-forced-marriages-reported-in-England-last-year.html Up to 8,000 forced marriages reported in England last year] ''- Martin Beckford, The Telegraph, July 2, 2009'' | ||
*[http://www.earthtimes.org/articles/show/259569,news-a-forced-marriage-stirs-emotions-in-spain-mauritania--feature.html | *[http://www.earthtimes.org/articles/show/259569,news-a-forced-marriage-stirs-emotions-in-spain-mauritania--feature.html A forced marriage stirs emotions in Spain, Mauritania] ''- Earth Times, March 12, 2009'' | ||
*[http://www.independent.co.uk/news/uk/home-news/woman-uses-new-forced-marriage-laws-against-father-1606038.html Woman uses new forced marriage laws against father]'' - Lucy Collins, The Independent, February 10, 2009'' | *[http://www.independent.co.uk/news/uk/home-news/woman-uses-new-forced-marriage-laws-against-father-1606038.html Woman uses new forced marriage laws against father]'' - Lucy Collins, The Independent, February 10, 2009'' | ||
*[http://www.guardian.co.uk/world/2009/jan/11/british-asian-forced-marriages Abducted. Abused. Raped. Survived: The survivors of forced marriages tell their stories] ''- Rebecca Seal and Eva Wiseman, The Observer,January 11, 2009'' | *[http://www.guardian.co.uk/world/2009/jan/11/british-asian-forced-marriages Abducted. Abused. Raped. Survived: The survivors of forced marriages tell their stories] ''- Rebecca Seal and Eva Wiseman, The Observer,January 11, 2009'' | ||
*[http://www.independent.co.uk/news/world/asia/london-doctor-is-held-as-forced-marriage-hostage-1055684.html London doctor is held as forced marriage hostage]'' - The Independent, December 7, 2008'' | *[http://www.independent.co.uk/news/world/asia/london-doctor-is-held-as-forced-marriage-hostage-1055684.html London doctor is held as forced marriage hostage]'' - The Independent, December 7, 2008'' | ||
:*[http://www.guardian.co.uk/world/2008/dec/19/statement-nhs-doctor-abedin-forced-marriage Statement from Humayra Abedin] ''- The Guardian, December 19, 2008'' | :*[http://www.guardian.co.uk/world/2008/dec/19/statement-nhs-doctor-abedin-forced-marriage Statement from Humayra Abedin] ''- The Guardian, December 19, 2008'' | ||
*[http://news.bbc.co.uk/2/hi/uk_news/7288952.stm Fears over forced marriage levels] ''- BBC News, March 11, 2008'' | *[http://news.bbc.co.uk/2/hi/uk_news/7288952.stm Fears over forced marriage levels] ''- BBC News, March 11, 2008'' | ||
*[http://news.bbc.co.uk/2/hi/uk_news/england/merseyside/7182887.stm Marriage fear teenager 'murdered'] ''- BBC News, January 11, 2008'' | *[http://news.bbc.co.uk/2/hi/uk_news/england/merseyside/7182887.stm Marriage fear teenager 'murdered'] ''- BBC News, January 11, 2008'' | ||
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====Videos==== | ====Videos==== | ||
*[http://barenakedislam.wordpress.com/2009/01/03/forced-child-marriage-in-islam/ Forced Child Marriage in Islam] ''- Bare Naked Islam'' | *[http://barenakedislam.wordpress.com/2009/01/03/forced-child-marriage-in-islam/ Forced Child Marriage in Islam] ''- Bare Naked Islam'' | ||
*[http://www.cnn.com/video/#/video/world/2009/10/19/abawi.afghan.womens.courage.cnn Around 90% of Afghan women suffer from domestic violence] ''- CNN, October 2009'' | *[http://www.cnn.com/video/#/video/world/2009/10/19/abawi.afghan.womens.courage.cnn Around 90% of Afghan women suffer from domestic violence] ''- CNN, October 2009'' | ||
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{{reflist}} | {{reflist}} | ||
[[Category:Islam and Women]] | |||
[[Category:Islam and Women]][[Category:Islamic Law]] | [[Category:Islamic Law]] |