Thursday, May 16, 2013

Forced marriage is criminal, but criminalising it is not the best solution


For Muslims and non-Muslims alike, there is much confusion between arranged marriages - where two families, with the agreement of the bride- and groom-to-be, agree on a partnership - and forced marriages, where one side is forced into a marriage against their will.
The issue has hit the headlines in the UK, where Home Secretary Theresa May is due to outline how forced marriage will become a criminal offencein England, Wales and Northern Ireland. A similar law was introduced in Scotland in November, giving courts there the power to issue protection orders to those at risk: if breached, offenders could face two years in prison.

Consider the numbers: An estimated 8,000 young people were forced into marriages in the UK in 2009. The proportion of young men who are forced may be small (some say 15 per cent, against 85 per cent women), but they are also victims of this crime. Stories of women forced into marriage are more harrowing (with a five-year-old girl thought to have become a victim of forced marriage) but a Muslim imam, Ajmal Masroor, has recently revealed his own personal story of suffering such a marriage 20 years ago and the effects it had upon him and his family. These women and men often suffer in silence; many are powerless to stand up against the cultural pressure and the emotional blackmail of their parents, families and tribes.
Since 2008, courts in England, Wales and Northern Ireland have been able to issue civil orders, under the Forced Marriage Act, to prevent forced marriages in order to protect victims. But the government is planning to criminalise forced marriages. Is this the best solution?

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