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Forced Marriage: Difference between revisions
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As detailed below, Muhammad's marriage to six-year-old Aisha was cited in jurisprudence ruling that a child can be betrothed by her father without her explicit consent.<ref>{{Bukhari|7|62|18}}</ref><ref>{{Muwatta|28|2|7}}</ref> Consummation of the marriage takes place when the father and husband believe she is ready for it. The tradition that Muhammad consummated his marriage to Aisha when she was nine<ref>{{Bukhari|7|62|64}}</ref> has also featured in such judgements. A number of Quranic verses played a prominent role both in Quranic exegesis and legal disgussions about the consummation of marriage with pre-pubescent girls.<ref>Most noteably {{Quran|65|4}}, though also {{Quran|4|3}}, {{Quran|4|6}} and {{Quran|24|32}}</ref> | As detailed below, Muhammad's marriage to six-year-old Aisha was cited in jurisprudence ruling that a child can be betrothed by her father without her explicit consent.<ref>{{Bukhari|7|62|18}}</ref><ref>{{Muwatta|28|2|7}}</ref> Consummation of the marriage takes place when the father and husband believe she is ready for it. The tradition that Muhammad consummated his marriage to Aisha when she was nine<ref>{{Bukhari|7|62|64}}</ref> has also featured in such judgements. A number of Quranic verses played a prominent role both in Quranic exegesis and legal disgussions about the consummation of marriage with pre-pubescent girls.<ref>Most noteably {{Quran|65|4}}, though also {{Quran|4|3}}, {{Quran|4|6}} and {{Quran|24|32}}</ref> | ||
A father or guardian must ask the consent of his daughter before offering her in marriage | A father or guardian must ask the consent of his virgin daughter before offering her in marriage according to 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.<ref>{{Bukhari|7|62|68}}</ref> | ||
A girl was thus 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. | A girl was thus 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. | ||
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A woman who has been previously married (Thayyib) has more right to her person than her guardian. And a virgin should also be consulted, and her silence implies her consent.}} | A woman who has been previously married (Thayyib) has more right to her person than her guardian. And a virgin should also be consulted, and her silence implies her consent.}} | ||
This appears to rule out a father forcing his virgin daughter into marriage without consulting her and obtaining her agreement, or at least her silence (though this | This appears to rule out a father forcing his virgin daughter into marriage without consulting her and obtaining her agreement, or at least her silence (though this is obviously open to abuse for the reasons mentioned above). However, Kecia Ali explains that the jurists were nevertheless in agreement that "a father's power of compulsion over his virgin daughter is unquestioned so long as she is a minor." Two founders of major schools of Sunni jurisprudence, Malik and Shafi'i, employed different strategies to get around the apparent implications of the above hadith. | ||
Malik's legal methodology considered the custom of the people of Medina as more authoritative than this hadith. For Malik, either virginity or minority allowed compulsion. | Malik's legal methodology considered the custom of the people of Medina as more authoritative than this hadith. For Malik, either virginity or minority allowed compulsion. | ||
For Abu Hanifa, there is no compulsion after majority. Later Hanafis ruled that a minor | For Abu Hanifa, there is no compulsion after majority. Later Hanafis ruled that even a non-virgin minor can be compelled into marriage. | ||
Shafi'i claimed that the word for guardian in the hadith does not include a female whose guardian is her father, so a father could still compell his virgin daughter to marry. The rarer case of non-virgin minors were forbidden to be married again at all until they reached majority. For both Malik and Shafi'i, the father's power to compell his virgin daughter to marry continued even after the age of majority.<ref>Kecia Ali, "Marriage and Slavery in Early Islam", Massachussets: Harvard University Press, 2010, p. 33 - | Shafi'i claimed that the word for guardian in the hadith does not include a female whose guardian is her father, so a father could still compell his virgin daughter to marry. The rarer case of non-virgin minors were forbidden to be married again at all until they reached majority. For both Malik and Shafi'i, the father's power to compell his virgin daughter to marry continued even after the age of majority, though Shafi'i recommended that daughters over the age of majority are consulted.<ref>Kecia Ali, "Marriage and Slavery in Early Islam", Massachussets: Harvard University Press, 2010, p. 33 - 36</ref> | ||
Ibn Hanbal considered that a girl must be consulted if married at the age of nine years or older.<ref>Ibid. p. 208, footnote 21</ref> | |||
Kecia Ali further states that the example of Muhammad and his companions featured in these discussions. "Though the ''Muwatta'' and ''Mudawwana'' presented anecdotes about Companions and the Prophet marrying off their daughters, the ''Umm'' focused on the Prophet's marriage to 'A'isha". She further notes, "In Shafi'i's view, she was still a minor when consummation occurred. The binding nature of Muhammad and 'A'isha's union establishes fathers' power to contract binding marriages for their minor virgin daughters: 'Abu Bakr's marrying 'A'isha to the Prophet, may God's blessings and peace be upon him, when she was a girl of six and [the Prophet's] having sex with her when she was a girl of nine indicates that the father has more right over a virgin than she has over herself.'"<ref>Ibid. p. 35</ref> | Kecia Ali further states that the example of Muhammad and his companions featured in these discussions. "Though the ''Muwatta'' and ''Mudawwana'' presented anecdotes about Companions and the Prophet marrying off their daughters, the ''Umm'' focused on the Prophet's marriage to 'A'isha". She further notes, "In Shafi'i's view, she was still a minor when consummation occurred. The binding nature of Muhammad and 'A'isha's union establishes fathers' power to contract binding marriages for their minor virgin daughters: 'Abu Bakr's marrying 'A'isha to the Prophet, may God's blessings and peace be upon him, when she was a girl of six and [the Prophet's] having sex with her when she was a girl of nine indicates that the father has more right over a virgin than she has over herself.'"<ref>Ibid. p. 35</ref> | ||
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==Slaves and Captives== | ==Slaves and Captives== | ||
In recent decades there has more or less been a consensus of scholars that slavery is no longer permitted. Historically however, and still in a few places today, slavery persisted for many centuries. Slaves lose control of their lives to 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 (Marital Price)|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 | 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 (Marital Price)|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 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> | 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> | ||
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====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, UK, supporting victims and survivors of forced marriages and honour based violence'' | ||
* [https://www.met.police.uk/advice/advice-and-information/forced-marriage/report-forced-marriage/ Forced marriage support organisations] - List maintained by UK Metropolitan Police | |||
* [https://www.mwnuk.co.uk/Forced_Marriage_7_factsheets.php Muslim Women's Network UK] | |||
* [https://preventforcedmarriage.org/forced-marriage-overseas-pakistan/ Tahirih Justice Center Forced Marriage Initiative] - US based charity helping those faced with forced marriage in the US or overseas | |||
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==References== | ==References== | ||