Forced Marriage: Difference between revisions

'''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.  

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 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.  

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>

[[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]] 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_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.

[[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.