Forced Marriage: Difference between revisions

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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 [[Child Marriage in the Muslim World|all over the world]], but especially in Muslim countries that practice the relevant part of the 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.  

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>

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